
Book .Sq.3 



yop. 



o^ 



SUBMITTED 

TO THE RIGHT HON. LORD GLENELG, 

HIS MAJESTY'S P PRINCIPAL SECRETARY OF STATE FOR THE 
COLONIES, 

TO AN APPEAL ABOUT TO BE MADE BY THE AUTHOR, 
TO THE 

®omwon0 of %xm% Brttaiii, 

SEEKING REDRESS FOR GRIEVANCES OF A MOST SERIOUS 

TENDENCY, COMMITTED UPON HIM, UNDER THE 

ADMINISTRATION OF 

THE MARQUIS OF SLIGO, 

THE LATE GOVERNOR, 

AND 

SIR JOSHUA ROWE, 

THE PRESENT LORD CHIEF JUSTICE OF THE 
WITH 

AN EXPOSURE OF THE PRESENT SYSTEM OF 

SJamatca 'M^pptnxiitt^hip. 
BY HENRY STERNE. 



The most despis'd, wrong'd, outrag'd, helpless wretch. 

Who begs his bread, if 'tis refus'd by oue, 

May win it from another kinder heart ; . . 

But he, who is denied his right by those 

Whose place it is to do no wrong, is poorer 

Than the rejected beggar, or the wretched slave " — Btron. 



LONDON: 
PRINTED BY J, C, CHAPPELL, 151, RATCLIFF HIGHWAY. 







A 



/ 



^b 



^\^ 







®o the 
LIBERALS OF GREAT BRITAIN, 

THE 

UNITED FRIENDS, AND ZEALOUS ADVOCATES 

or 
CIVIL AND RELIGIOUS 



To you, my friends and countrymen, do I now send forth 
this little volume, and I humWy beg, tliat you will most 
zealously give it your cordial support. 

It is to you, and to you only, ("save liim alone who is the 
friend and advocate of all J that I now appeal for support and 
aid, in exposing most thoroughly, if not, finally, in obtaining 
redress. 

This volume, my friends, will be put into your hands free of 
cost and charge, save only to the Author, in order that the true 
friends of liberty may be known. 

To such of you, I would say, into whose hands this volume 
may fall, who live only for yourselves — who grovel through life 
as if this was your only place of happiness — who never once 
felt that iiTesistable spark of brotherly love towards the in- 
jured and oppressed — the defenders of your rights — the upholders 
of your liberty, and the zealous advocates of civil and religious 
freedom ; to such of you I would say — "Awake thou that sleep- 
est, and arise" you have lived too long unto yourselves already j 
if this should be the case, arouse, arouse, redeem the time. 

Yet, if from motives known only to youi'selves, you decline 
to rank yourselves, in this list of friends, I pray you to pass on 
this volume to another ; your names and reasons will remain a 
secret, save only to your own bosoms, for the approval or not 
of your own consciences, should, ever after, you yourselves 
stand in need of the like cordial support. 

But, to you, my countrymen, who are, indeed, such as 1 
have addressed, liberals and advocates of liberty, 1 pray you to 
enter with zeal upon the work. And, though I am, and have 
been, as yet, the only marked victim in the cause, yet, it is not 
I alone, but you — you, my brethren, who are equally concerned. 



The cause is yoori — it is tiie caa5« of ereTT nm aad 
daoghter of liberty — it comes home to the door of jour bappi- 
Bess — it strikes at the rery root of your freedom. 

For it, ottr ancestor-i have contended — for it, many have 
died martyrs — for it, macy botit alire, Bot only strtiggle for and 
contend, but are willing to sacrifice their treasures, yea, if needs 
be, their v^ery liTes to uphold. 

Need I then fear in submitting such a cause into your 
Bands? I think not, I have already proved my seal, by the 
sacrifice of my fortune — nay, by the sacrifice oi permmal ease 
end family cowfert, and am still willing and ready to push on, 
to the fall exposure of the baseness of those who have been sent 
out to protect and uphold the rights aad privileges of you and 
your brethren in foreign climes, but who have disgracefully 
riolated that trust so committed to them. 

You, my friends, whose voices have been raised for years 
towards the liberation of your black brethren, I am sure will feel 
interested. For what have they been raised — for what hare the 
coffers of the British Empire been thrown open — and for what 
have the twenty millions of soJid gold been drawn ? but for 
freedom — for libert} — for the free exercise of those dearest of 
all priyileges, ''free nnd unshackled liberty of conscience.'' 

I have, my friends, gone, cordially, hand in hand wiA yon 
for years, in this most mighty undertaking, although liring in a 
very land of slavery ; yet will I not take to myself the praise of 
being alone and single handed there, for if I did, well might 
the Lord's asswer to Elijah in the Ijth chapter of the 1st book 
of Kings, and at the ISth verse, be made use of, when he was in 
straigu's and difficulties, zealous for his God, thinking he alone 
was left in his cause: — '• Yet I have left me seven thousand in 
hrael i all the knees which have not hoived urdo Baal^ and 
exery mouth xrhich hath not kisicd him." 

Were I to attempt to take to rayself such praise, fsee page 
2-30) it would be a very LIBEL on many of your brethren in 
Jamaica^ who are equally as zealous as yourselves in support of 
these liberal and praiseworthy measures, bot who, through fear 
and dread of RUIN and DESTRl CTION, have been compelled 
to stand aloof — to hide their heads, and only silently to watch 
the progress of reformation. 

Will you then, my friends and coontrymen, seeing all this 
to be the case, back out of the conflict, and also stand aloof, 
permit tivff myself and family to be alone sacrificed in the cattst, 
after having, with so much labour, patience, perseverance, and 
sacrifice of e^ery kind, hitherto buS'eted the storms, to the s»c- 



mmUmml ri^its aw fireemsm ? 

I fed I feMf c fcrt *we iiif ili%^ « —y *agr, iM MBBy «Aa» fcw« 




Ban, tffWB awE, was% swi 

JOT hxm icaJ li&i vaBmaK, yaw wM s®e ilt Imlt «w> trwB— 

aplKUIty tiwae fenfe I fBWOSBgl ■• ifalftfflr- 

AH iAantt aua cmU «la>, ksve 1 db«£, in cwfer to dMain 
HavinsbeeBiksieAsyBii^ % tibMie ^^wie ffiace it 
to ifeMwvn^, I sltiQL Ika^ fowrenei, Idl OT%taK 



l]kac«%e«fai«fcfcMdlyaail£ribdlyiidifll«p (%«'!'<»' »e^ 
furnKer* wham'gimarsaA fms mmMmtt to 4adtebdBiHferJaH«krJ^ to 
die fwUk as a ^ly, as am eiiOByCm £f>!lB%to^^ 
«r laraaiea, anlan ag^»(t to liie Jbstii-SigBweiy locl^ in Eb^- 
laoul. wh» stm ^ksimst (ss £dsdy]| ikaguBanattedL t&e SMwai 
a»Bi^ flff tfte Cyan» ; see tike Ontf JssSiie^^ 
aidtiEffi to Ifte jiny Cfiag^ 217} aofll 0ie £iitov^ 
Janaea IKq»iiai aliadbi^ d^^ 

As to i&e fatttMr. O^fiaiey^ iis 9ftigesif s AfttonDer-^SencBaA 
«( jTwaiira^ » g EfgegeateJ to 1isb««: iabsm^ I ca« fir®d[y esoue 
Inn, smAlbn^mty readeeswiAim fibs »»«£, axe lie caJyidlQas 
^eut, iitibisway <rf 



B^sBf ftienab, 1 vcb^^ li^evcv is a gaml was — m-SaemAtt 




IwSimamsaBj a fenr wseib ^jvmrw£maas&m^ as to «Ik; 
trae slafee «r Ang% is cnineaim widk ymvMasllHsiaiiCTu 1 
say, feiesob sff s nghtosn earae, dbdk: nott ysar Kead, ssmIIk 
ssi: ledaosayiiy 
ancsieiAi ondk.'* Wdl n^ I 
PiBBtsirf, Faafcs (Sg, V, IS, '^Ift^s^jB ^ 

«mdhiarfo9^lmr»wUh yeBBma? §bMJ^' 

U\em1besmagK&tA,hiiSk§s» aodl tnwle^ ly s jOBty, tdk^ idbe 

AaftA^ate nnift fer linsedss^ asJ lAstt tike IBheiafify «r ifte 
British S iBlfiw towavob tAfflas, fcas ts«B tibRwws aesatfr feii^ ssy 



VI 



friends, ia tliis my ownnative Isle, since my return from Jamaica, 
have I heard it echoed and argued with solemn force. 

Will it then be taken amiss in my now stoutly speaking in 
defence of such very broad, and erroneous notions? 1 think not. 
1 do, therefore, from a practical acquaintance of 21 long years 
residence amongst them, speak to facts in contradiction. 

The upholders of slavery, will always be averse to let you 
arrive at the truth of it j but, my friends, read this volume, and 
in it you will find abundant proofs to contradict such unjust 
assertions. 

The blacks have richly deserved the great and liberal boon 
conferred upon them! What have I asserted? conferred! na.y, my 
friends, it is only yet in name; the blessing as yet is lost to them^ 
and before the final accomplishment of the rich enjoyment, by 
their total liberation from APPRENTICP:SHIP, I fear many 
thousands will have gone to that long home from whence no 
traveller returns. 

To assert that they still remain a herd of savages, unde- 
serving freedom, is so unjust that I have hardly patience to con- 
test the point with those, who are so led to believe such an 
assertion. 

And, to contend that the Colonies will be lost — that they 
will not work when they become absolutely free, is so mischiev- 
ous and unjust, that I must refute it. 

First then, I must say, that since my arrival in England, 
I have never yet witnessed that lively christian joy amongst my 
own country folks, upon the Sabbath day, as may be witnessed 
amongst the blacks in Jamaica. Nothing now prevents their 
keeping it holy, but absolute works of necessity, and I must 
say that those who are the most faulty in this respect, are the 
owners of the apprentices themselves (see page 263^. Families 
are to be now seen in the neighbourhood of a chapel, on the 
Sabbath day, who have travelled from the mountains on foot, 
through the night, ten, fifteen, and even more miles, purposely 
to hear the joyful gospel soundl Is this a proof of the assertion? 
I think not ; their zeal and patience often puts me to the blush, 
my countrymen, 

Secondly, that, they will not work, &c. I have been in the 
habit, for the past ten or twelve years, of circulating, in my little 
neighbourhood, St.George's, about £5000 a season, a very large 
portion of which has been always amongst the negroes ; to one 
family alone I have paid as much as £40 at a time, and to 
many from 10 to £20, for their own crops of agricultural pro- 
ductions, which thf y had planted, taken in and manufactured in 



Vll 



tbeir own spare hour* ot labour, say dinner time, nights, &c,, 
this JB no proof of their habitual laziness, but, I think, on the 
contrary, sufficient to destroy the false charge. 

I once more add, on their behalf, to you, whose hearts are 
■warm with christian love, cease not your vigilance on their 
behalf. The iron yoke of .SLAVERY (for apprenticeship is 
equally as bad, if not worse) still reigns. The LASH, 
DUNGEONS, and CHAINS, are in constant attendance 
throughout the land, and will remain so, for near four long 
years yet to come. 

If 1, as a proprietor on the spot, have had my faithful ser- 
Tant, because he happened to be a black apprentice, SEIZED 
upon, in defiance of my entreaties, (and yet no charge against 
him (see page 31 and 77) put into CHAINS, and kept at hard 
labour for two long weeks, and during which time his back 
and body, so mutilated with the lash, that when he was released 
I lost months of his services from sickness ; if this be the case, 
and this, indeed, is fact, which has urged me on to expose such 
gross injustice, what need I urge further ? 

I have now merely to add, that it is my full intention, when 
I have succeeded in carrying my case through the British House 
of Commons, to publisli a second edition of my work, adding to 
it all further matter of consequence ; particularly, the full Trial 
of the Most Noble the Marquis of Sligo, at the Old Bailey, in 
1812, as referred to at page 237 ; and to all who are liberal 
enough, now, to forward me their mite, in order to assist me 
in this most arduous undertaking, shall then receive a fresh 
volume. 

I have this request to make of all, who may be so liberally 
disposed, that they will forward to me their names and address 
( though, if for private reasons, some may wish their names 
not published, yet, still, I should request some cipher of note,) 
as it is my wish to give a complete, full list of all my supporters 
in order to encourage my friends, and the friends of liberty in 
Jamaica, that they need not fear party ruin or destruction, so 
long as they are acting in a just and righteous cause. 

1 am, 

Your very faithful friend, 

THE AUTHOR. 

P.S. Where to apply to for copies of this Work, &c, see 
th» last page of this Volume, 



TO THE 

RIGHT HONOURABLE 

LORD GLENELG, 

SECRETARY OF STATE 



FOR THE 



COLONIES. 



MY LORD, 

Having now completed the volume intended 
by rae, 1st, for your Lordship's consideration, and 2ndly, for 
the consideration of the British House of Commons, and the 
people of England, (unless I get full and ample satisfaction at 
your Lordship's hands, for all the series of wrongs and injuries 
sustained, therein complained of), I, with the utmost respect 
and consideration, beg leave to tender your Lordship a com- 
plete copy, with a full detail of my grievances, to which I 
earnestly intreat your Lordship's most serious attention. 

My complaints, ray Lord, must now be simply confined 
against two high and important personages, although the volume 
abounds or speaks of deep injuries received by me at the hands 
of many others. 

The two high and important personages, against whom I am 
compelled now to seek for redress, are His Excellency, the most 
noble the Marquis of Sligo, the late Governor, and Sir Joshua 
Rowe, the present Lord Chief Justice of the Island of Jamaica. 

My Lord, when humble individuals such as myself, volun- 
tarily stand forward for the sake of truth, and have to struggle 
at so enormous an expense, and personal sacrifice, as I have 
done, against such high and important characters — as the Re- 
presentative of Majesty-— and the Chief Judge of the land—it 
surely becomes a question well worthy his Majesty's Govern- 
ment, and if not of them, the people and their representative*, 
to investigate into. 

My Lord, although I was represented to Lord Sligo, by Mr. 
Custos Bell, on the very onset of my troubles (when I appealed 
tn his Excellency for redress) as an individual contemptuous, or 



IX 



beneath the notice of his Excellency ; yet by this volume, which 
I am at length enabled to lay before yonr Lordship, I think 
your Lordship will allow, I stand upon as solid and respectable 
ground, as either the Honorable Gustos Bell, or The Most 
Noble Marquis himself ; nay, I contend, I do more so. 

I do herewith clearly show your Lordship, that I spring 
from ancestors, whose rank in life takes precedence of eitlier, 
and whose loyalty has been marked in the annals of British 
History : — 

And, although my Lord, I cannot boast of either personal 
wealth or title, I can proudly boast of what I hold more dear, 
viz. — unblemished character and honour, neither of which my 
Lord Sligo can boast of ; for both of which has he long since 
forfeited ; and it is only a matter of surprise to me, that sucli 
an one as his Excellency, should have been so singled out, by a 
wise Government, and sent as the representative of Our Most 
Gracious Sovereign, to rule over so respectable and important 
a portion of the British Empire as he has been. 

My Lord, I humbly trust, will pardon the strain of language 
in which I am now compelled to speak — the patience I have 
hitherto had for the past two years, with the difficulties constantly 
from time to time thrown in my way, by these two important per- 
sonages, added to the justness of my cause, must plead my 
excuse. 

I shall therefore, at once, with your Lordship's permission, 
proceed to state my complaint; — ■ 

FIRST then, as regards my Lord Sligo. 

I conceive it to be a matter of great public wrong, his Ex- 
cellency's refusing to investigate into the causes of my complaint, 
in the very first instance, so far back as the 27th of November, 
1834, at which time, I stood forward, boldly and publicly, not 
underhanded, but above-board — not as a spy or informer, as I 
have been held up in the public prints of Jamaica, but as an 
independent citizen, seeking the public good, and which has 
been the main-spring tliat has actuated me throughout the whole 
of my proceedings. 

It will be seen, my Lord, at page 13, that I premised the 
the Gustos of my determination on the outset, and, at page 1, 
that I appealed to his Excellency, at the very outset, tl-rougli 
an expensive channel, viz. that of my solicitor, sparing no ex- 
pense, and running no risk by my own ignorance of the proper 
way of appealing at the beginning. 

This first step having failed, I contend, te the eternal dis- 
grace of his Excellency, as a Governor, because it was his 



bounden duty, as the representative of our good King-, tfce 
Father of his people, to liave investigated into the matter of my 
complaint, and if substantiated, to have at once granted re- 
dress — but instead of which, he lent his kingly power to aid my 
destruction. 

For it was in consequence of Mr. Gustos Bell's represen- 
tations to his Excellency, that, when Colonel Moody of the Saint 
George's Regiment, (see page 52) at the end of December, 
1834, or early in January, 1835, recommended me to his Ex- 
cellency, as Captain-General, to fill up a vacant Ensigncy in 
the Saint George's .Regiment, to which I was justly entitled, 
both by respectability and long services; his Excellency, in the 
most pointed possible manner, passed me by, conferring such 
vacancy upon another, and three others in succession, in the 
course of as many months,^ to the great regret of the Colonel, 
and many other of my personal friends, although to the great 
satisfaction, and boa&t of the Honorable Gustos and his proud 
minions. 

Again, his Excellency's continued refusal to investigate 
into, or grant redress, for further most serious injuries, inflicted 
on me as an individual — upon my poor and innocent apprentice, 
on my account, and upon the public at large thraugh us, not- 
withstanding my own, and my solicitor's very powerful appeals, 
as laid down at pages 29 to 32, and 31 to 41, 

Again, his Excellency's most unjustifiable conduct, in 
granting power to, or instructing Special Justice White, as 
proved l)y evidence in a Court of Justice, (seepages 171 and 
208) to keep me, although a free and natural born peaceable 
subject of his Majesty, out of every public Court of Justice, so 
that I should not have the power to watch and report of hi.s 
arbitrary proceedings. 

Again, his Excellency's most unmanly attempts from time to 
time, to stifle all my proceedings, instead of granting me that 
j;ustice so greatly my due, and which would have tended so 
much to the public good, which are so fully explained by the 
documents themselves, or particularly at pages 152 to 157. 

Again, his Excellency's further ^lost unmanly conduct, 
when he became acquainted that I had sent out my actions 
against Special Justice White, for his gross outrages upon ray 
person, in making armed police hustle me out of a public Court 
of Justice, instead of at once granting me redress, he backed 
Special Justice White, with tiie aid of his Majesty's Attorney 
General, the Solicitor General, and Clerk of ihe Crown, (see 
page 165), so as to defeat every possibility of my obtaining 
justice. 

Finally, on my part, owing tc his Excellency's neglect of 



XI 



duty, and the countenance given by him to my persecutors, the 
prottction of the laws have not. been ceded to mc — my lawful 
occupations have heen disturbed — my industry has been fettered 
'—my pursuits have been perplexed— my family has been dis- 
tressed— tnd, worst of allj my property, not only exposed to 
insecurity^ but^ absolutely , under a false color of law^ has 
been wrenched from me. 

And finally, to close the whole, such conduct has been 
productive of evil consequences to the public at large / and our 
•Gracious Sovereign, as the beloved Father of his people, 
through him, has suffered in their affection, for the countenance 
given by him towards oppression, has considerably damped, and 
destroyed the happiness of thousands. 

And now, SECONDLY, as reg-ards Sir Joshua Rowe. 

;It becomes my most painfwl duty, my Lord, to lay open 
such a scene of continued malice and disgraceful conduct, as 
regards this high, and ought to be, sacred character — being a 
Chief Judge, that 1 almosi stagger in the atteinpt. 

The different actions brought b^ me into his Honor's Court, 
one after another, with the different circumstances connected 
with each, and the determined stand his Honor took throughout 
the whole to trample on my rights, to overturn the laws, to make 
with one breath, and to unmake with the next, new rules, as 
they were falsely called, of court, on purpose to serve his own 
vile malice and revenge, are s,o plainly set down in this volume, 
as the attempts severally occurred, that I should be oiilj re- 
. capitulating the same like grievances were I now to enter into 
them. 

The SLudvLc'ious falsehood^ my Lord, put forth so publicly by 
his Honor, under a plea of a mistake of counsel, on purpose to 
cover over his g^ross ignorance of the law — 

1st. la granting, and afterwards denying that he had 
granted, a new trial, in Sterne, v. White, (see pages 182, and 
;I89) is so very glaring, as of itself, needs no comment from me, 
and sufficient of itself, alone, to shew how totally unfit, and 
how unworthy he is to be continued in so high, and so sacred an 
joffice. 

My Lord, under him oppression and injustice must triumph, 
,whilst truth and justice are unable to raise their heads. 

It will be in vain, my Lord, for the valiant sons and daugh- 
ters of religious liberty to cry out, or for those of his Majesty's 
Ministers, who have sincerely at heart, the welfare and happi- 
ness of their fellow subjects, to exert all their influential powers, 
if such men as these, as I am now compelled to so severely 



Xll 



animadvert upon, are contimxed in such high and important 
dtations — or if at first, ignorantly mistaken in, and then continued 
with refusals to hear the appeals of, and grant redress to their 
injured fellow subjects. 

I take leave to refer your Lordship to pages 149 and 150, 
for a perusal of my charges, as against the Chief Justice to 
that period — and after that, to the remaining trials of Sterne, v. 
White, beginning at page 1 66 to the end, for a more clear and 
satisfactory exposure of naked facts, as to his Honor's ignorance 
of the laws, and arbitrary and disgraceful rule. 

And now, ray Lord, to close the whole, after having with 
such patience, perseverance, perplexity, uneasiness of mind, 
personal indignity, family disquiet, great personal risk, destruc- 
tion of my business, and worst of all, immense sacrifice of 
property, succeeded in compiling a history of my case, I now, 
with all due submission and respect, lay it before your Lordship, 
as the great ruler of his Majesty's Colonies, and shall, with all 
patience, wait a further period of time, for your Lordship's 
adjudication of my case, never having been anxious, from the 
beginning, of inflicting uneasiness to any, but goaded on to the 
steps which I have hitherto taken, in order to seek Justice. 

I have only now to add, that should your Lordship be 
pleased to think favourably of my case, and be inclined to grant 
me that redress, which, I submit, I am entitled to receive, as a 
deeply injured subject of his Majesty, and so injured, by the 
very powers who ought rather to have granted me their protec- 
tion, that I shall abide by your Lordship's desire, either to 
prosecute my case further, or otherwise, as I have full and 
ample proof to substantiate every charge laid down, and shall 
not be found to shrink from the task. 

In anxious expectation of your Lordship's reply — 

I have the honor to subscribe myself, 

Your Lordship's 

Most obedient humble Servant, 

HENRY STERNE. 



IGth January, 1837. 



Copy of Mr. STERNE'S Solicitor's, Letter, 
which accompanied the documents No. 1 to 11, 
transmitted to His Excellency, Lord SLIGO, 
Governor, &c, of Jamaica, 27th November, 1834. 

Spanish Town, 21th November, 1834. 
SIR, 

On the request of Mr. HENRY STERNE, of the 
Parish of Saint George, I have the honor to enclose, for the con- 
sideration of His Excellency, the Governor, some documents, 
which have been transmitted to me, to be laid before His Ex- 
cellency, involving a Complaint against the Chief Magistrate of 
the parish of Saint George, for an alledged evasion of Magisterial 
duty, in refusing to bring to Justice the supposed accessary in 
a case of theft, charged by Mr, Sterne to have been committed on 
his property, 

I am instructed by Mr. Sterne that it was not his wish 
to seek the punishment of the party principal in the theft, whose 
conduct, it is supposed, proceeded from ignorance, but rather 
to expose the conduct of the accessary his mistress, under whose 
orders the theft was committed. Mr, Sterne is anxious that if 
the law is to be enforced it should take its course against the 
party morally guilty, an anxiety to which he ia the more in- 
duced by the recollection of a somewhat analogous proceeding in 
the case of Mrs, Clarke of St. Andrew in 1830 or 1831, the history 
wherof is I presume preserved among the records in the Gover- 
nor's office. 

The documents transmitted by Mr. Sterne contain, you 
will observe, another accusation on the part of Mr. Sterne against 
the same Chief Magistrate, in reference to the escape from Justice 
of the supposed accessaries to the murder of a person named Gra- 
ham, in the year 1827, the circumstances of which being wholly 
unknown to me, I leave to their own operation with His Excel- 
lency, I have the honor to be. 

Sir, 
Your very obedient $(■ humble Servant, 
CHARLES HARVEY. 
To William George Nunes, Esquire. 
Secretary^ King's House. 
A. 



2 
DOCUMENTS. 



No. 1. 

Jamaica Ss., Saint George. 

HENRY STERNE, of the parish of Saint George, 
being duly sworn, maketh oath and saith ; that on the evening of 
Wednesday, the 5th day of November, between the hours of 8 
and 9 of the clock, P.M. it being then dark, his special consta- 
ble, David Clarke, gave him (this de]^nent) information, that a 
thief had gone over his fence into his grass piece. Whereupon, 
this deponent took up his gun, which was at the time loaded, and 
proceeded with the said David Clarke, his special constable, to 
the grass piece,and then and there saw a person busily employed 
cutting grass: this deponent called out to him, and from his 
voice discovered him to be one William Harris, an apprentice to 
Mr. Horatio Guscott, of Buff Bay; the thief took to his heels, and 
this deponent, thinking to intimidate him and cause him to sur- 
render, fired his gun up in the air ; but this only made the thief 
run the faster, and he effected his escape by leaping the wall and 
pingwind fence. 

This deponent considered that he, the thief, had been hired 
by Miss Mattkews, to commit the theftforher horse, and in order 
to ascertain the fact, returned from the grass piece, pretending 
to have shot the thief, and declaring loudly that his blood would 
rest on the head of the party who had caused him to commit 
the theft. 

Whereupon the thief's wife began to bawl and cry loudly, 
and charge Miss Matthews with having been the cause ; and 
Miss Matthews, conscious of the fact, lamented openly that she 
had so hired and sent him to this deponent's grass piece. 

This deponent therefore charges the said William Harris, 
an apprentice to Mr. H. Guscott, on Buff Bay, with felony, tres- 
pass and larceny, as the principle ; and Miss Elizabeth Matthews, 
a free person, on Buff Bay, with larceny, as being the aider and 
abettor, or accessary to the said felonious trespass and theft. 
So help me God, 

HENRY STERNE. 

Sworn before me, this 6th Day of November, 1884. 
JOHN BELL. 

Further sworn before me, this 6th Day of January, 1835. 

FREDERIC WHITE. 



No. 2. 
Jamaica 

WHEREAS Information and complaint hath been lodged 
before me, one of His Majesty's Justices of the Peace, for the 
Parish of Saint George,- — 

That one WILLIAM HARRIS, an apprentice of Mr. 
Horatio Guscott, of Buff Bay, did, on or about the hours of 8 
and 9 o'clock, p.m. on the 5th day of November, wickedly, felo- 
niously trespass and enter upon the fenced premises of HENRY 
STERNE, a residenter on Buff Bay, then and there to commit 
larceny. 

And further, that one ELIZABETH MATTHEWS, of 
Bufli^ay, then and there was accessary, by procuring, counsel- 
ling, commanding, or abetting the said apprentice, William 
Harris, to enter upon the fenced premises of Henry Sterne, to 
feloniously trespass and commit larceny. 

THESE are therefore, in his Majesty's name, to command 
you, forthwith, to apprehend the said William Harris, and 
Elizabeth Matthews, and bring them before me, or some other 
of his Majesty's Justices of the Peace, for the said parish, to an- 
swer unto the said information and complaint, and to be further 
dealt with according to law. 

Given under my hand and seal, this 6th day of November, 1834. 

L.S. 



No. S. 

Jamaica Ss., St. George. 

ARABELLA LAGOURGUE CROSS, of the parish of 
Saint George, being duly sworn, maketh oath and saith, — That 
on the evening of Wednesday, the 5th of November, between 
the hours of 8 and 9 o'clock P.M. it being then dark, she heard 
a gun fired off, in the fenced grass piece of Mr. Henry Sterne ; 
she likewise heard voices and hooting, and shortly after saw 
Henry Sterne come out of the grass piece with his gun ; — she 
asked Henry Sterne what was the matter, when Henry Sterne re- 
plied, that it was one William Harris, robbing his grass pieee, 
whom he had shot. AND, Deponent declares, that immediately 
on the said Henry Sterne's stating this, that William Harris's 
wife or sweetheart, who was present, set up a hue and cry, 
bawling and charging Miss Elizabeth Matthews as having been 
the cause, and that upon this charge being made against Miss 
Matthews, that she (Miss Matthews) openly avowed that she had 
so hired and sent the said William Harris to cut grass in the 



said Henry Stcme's grass piece, but that she considered it as 
much her grass piece as it was the said Henry Sterne's. 

AND, this deponent further swears, that the said grass 
piece is thoroughly enclosed, and has only one regular admit- 
tance into it ; and that admittance has a high gate, with a lock 
and key to it, and was locked up at the time. And this depo- 
nent further swears, that she knows Miss Matthews has no right 
to the said grass piece, but that it is truly rented to, and in the 
possession of the said Henry Sterne. 

And, in support of this deponent's knowledge, that Miss 
Matthews has no right to the said grass piece — she remembers 
that only a few days back, the said Elizabeth Matthews wanted 
a few limes, and she had to request it as a favor of Mrs. Sterne, 
to let her go into the said enclosed grass piece to get tbem. 

So help me God. Her 

ARABELLA LAGOURGUE X CROSS 
Mark. 
Witness, JOHN E. ANDERSON. 
Sworn before me, this 1 1th J 



CAMPBELL 
day of November, 1834, 



;h 



No« 4; 



Buff Bay, Saint George's, 
Court House, November 11th, 1834, 

WILLIAM HARRIS, Examined. 

I did not go to steal the grass ; I merely went into the 
jard to tell the people how d'ye, and Miss Matthews called me, 
and begged me to cut some grass out of Mr, Sterne's grass 
piece for her, as she had no one else to do it. I went accord- 
ingly, and all Mr. Sterne's people in the kitchen saw me going. 
If any of the people bad mentioned to me that Mr, Sterne did 
not allow Miss Matthews to cut grass in his premises, I would 
not have gone to do so. I had only cut a handful of grass when 
David Clarke went to inform Mr. Sterne that Miss Matthews had 
sent me into his grass piece to cut grass ; Mr, Sterne then came 
out with his gun to the place where I was and asked, who are 
you ? I answered William Harris ; immediately after Mr. Sterne 
fired his gun to shoot me. He missed me, and I fell down. He 
then ordered David Clarke to hold me till he gave another shot. 
As David Clarke was coming up, I got up and ran out of the 
grass piece 



No. 



Miss E. MATTHEWS, was also brought up under 
a warrant issued on an affidavit of Henry Sterne, but discharged 
this day by The Honorable John Bell. • 



No. 6. 

Jamaica Ss., St. George. 

I, ROGER SWIRE, one of His Majesty's Justices 
of Peace, for the Parish aforesaid, having been called upon by 
Mr. Henry Sterne, uuder an act of this Island, viz. S3 
Charles 2, c. 10, s. 1, entituled " an Act for preventing damages 
in plantations, &c. " 

And having agreeably to the directions of the said Act, 
adminstered the oath, and taken the affidavit of three Free- 
holders as follows. 

On the behalf of Mr. H. Sterne; as Plaintiff— J. T. Bloomfield 
On the behalf of Miss E. Matthews, Deft.— Wm. W Buckley. 
On the behalf of myself as His Majesty's Justice— M. M. Sollas 

And they having agreeably to the said Act, heard the 
evidence of witnesses on oath, and seen and judged of the fences, 
and the trespass and damage committed by the Hogs, belonging 
to Miss Elizabeth Matthews, the Defendant, and agreeably to 
their affidavits taken, and hereunto annexed, have valued and 
appraised the said trespass or damage at the sum of twenty 
shillings, Jamaica currency. I DO THEREFORE in His 
Majesty's name, by the power vested in me, as being the Justice 
called upon to act, and agreeably to the instructions of the 
said act, adjudge and assess such damage, or trespass at the 
sum of forty shillings, Jamaica currency, being double the amount 
for the damage or trespass so appraised by the aforesaid three 
freeholders. AND I do accordingly adjudge that the said 
Elizabeth Matthews the defendant, shall pay to Henry Sterne the 
plaintiff, the said sum of forty shillings^ Jamaica currency. 

Given under my hand and seal, at Buff Bay, this 16th day of 
October 1834. 

ROGER SWIRE, Ss. 



No. 7. 

Jamaica Ss., Saint George. 

JOHN THOMAS BLOOMFIELD, of the aforesaid 
parish and Island, gentleman,, having been duly sworn makcth 



6 



oatli and saitli, that having been called upon by Mr. Henry 
Sterne to act in his behalf, as a freeholder (as directed by the 
33rd of Charles, 2 c. 10, s. 1) jointly with two other freeholders, 
viz. W. W. Buckley and M. M. Sollas, Esquires, to examine 
and judge of the fences of the lands, tenanted by him on Buff 
Bay, in the aforesaid parish, and further to see and judge of a 
certain trespass or damage, done on the cultivated lands so 
tenanted by him, and further to appraise and value the damage 
so sustained by the said Henry Sterne. 

Doth hereby declare, on oath, that having examined 
the fences, he considers them fully sufficient to meet the mean- 
ing of the act, say 33 Charles 2, c. 10, s. 1. 

And further having seen the trespass or damage done 
on the said cultivated lands so fenced in, and having heard the 
evidence of the witnesses on oath, 

Doth hereby appraise and value the extent of such 
damage or trespass to be the sum of twenty shillings, Jamaica 
currency. 

And further that such trespass or damage, was done, 
according to the evidence adduced, by the hogs of Miss 
Elizabeth Matthews. 

So help me God 

J. T. BLOOMFIELD. 

Sworn before me, this 16th day of October, 1834. 

ROGER SWIRE, Ss. 



No. 8. 

Is similar to No. 7. only as the freeholder on behalf of 
Miss Matthews. 



No. 9. 



Is similar to No. 7 & 8, only as the freeholder on behalf 
of Roger Swire, Esquire, as his Majesty's Justice of the Peace. 



[Case.] No. 10. 

After what had transpired on Wednesday, the 5th inst. 
as per No. 1 , I sat up during Wednesday night, looking over 
the laws, and deciding with myself as to the steps 1 should take. 
I accordingly prepared my affidavit (see No. 1), the warrant to 
apprehend (see No. 2), and also forms for recognizance for myself 



to prosecute : and for the Justice to take bail, and bind over the 
accused William Harris and Elizabeth Matthews, to appear and 
answer at the next general Quarter Sessions of the Peace. 

On Thursday morning, the 6th instant, I rode over to the 
custos's, Mr. Bell, with the several papers so prepared. (The 
deputy clerk of the peace lives about ten or twelve miles distant 
from either this place or the custos's, quite in the interior, and is 
but a novice in the profession, not having been in of&ce but a few 
weeks.) It was about 11 or 12 o'clock, A.M. I stated my bu- 
siness to him, and produced first my affidavit ( see No. 1 ), 
requesting him to administer to me the oath. On commencing 
to read the first part, wherein I charged the apprentice, William 
Harris, he appeared quite delighted, exulting as it were in my 
charge and detection of him, and saying, aye my boy, you will 
get it now, this will serve as a lesson to some of my fellows, 
(meaning his apprentices), who frequently rob his grass pieces. 
But as he read on further, wherein I charged Miss Matthews 
likewise, he seemed quite taken aback, and observed, no, no, this 
wont do ; he would not do any thing in it regarding to Miss 
Matthews. I pointed out to him that it was compulsory on him 
to act, that it would be defeating the ends of justice, by his not 
doing so. That, in fact, Miss Mtitthews was the worst of the 
two, and that 1 wanted to have her punished more so than the 
other. After some argument, and determinedly holding my 
ground, he administered the oath, and I then presented him 
with the warrant (see No. 2) requiring him to sign it for the 
apprehension of the parties. He first most willingly consented 
to sign, to apprehend the apprentice, William Harris, but stout- 
ly rfefused to sign for the apprehension of Miss Matthews ; he 
wanted to strike out that part of it, relative to her, but I would 
not allow it He then started numberless objections, but I over- 
ruled them all. And he at length consented to sign, and did 
sign, but instructed me to direct the constable to bring the 
parties over to him at his place of residence. The next morn- 
ing, say Friday the 7th, I pointed out to him, that I thought it 
would be better for the ends of justice, that the constable should 
let it lie over and bring them up at the public court house on the 
Tuesday following, as I conceived a second magistrate might be 
required in the matter ; and Tuesdays are the days fixed on in 
this parish for the meeting of magistrates to hold Petty Sessions 
of the Peace. This however did not seem to please him ; and 
he said he would not attend to it at all unless I got another affi- 
davit sworn to by some one else as to the facts of the case. I 
pointed out to him, that that might be difficult to obtain, as it 
happened at night, and in the dark, but, however, I would see 
about it, as there was more than a dozen people assembled about 
my place, after the firing off" of the gun, and the woman's howl- 



mg, thinking I had chot the man. I nevertheless pointed out to 
him that ray affidavit alone was sufficient to ground the charge, 
and enforce him to act. 

Accordingly I delivered the warrant to the constable and 
yesterday, Tuesday, the 11th, had both William Harris, and 
Elizabeth Matthews brought up under the same, at the court 
house. It so happened that yesterday was fixed on for a Special 
Sessions of the Peace to grant licenses for arms under the new 
law; and consequently the deputy clerk of the peace attended. 
After leaving the Gustos on Thursday, and going home, I made 
enquiry for further proof to satisfy him with some other persons 
affidavit. The only free person I could find, who was a proof as 
to the facts, and was willing to make affidavit, was one Arabella 
Lagourgue Cross, a sensible free black woman, and a mother of 
Children, whom I hire to wash my own and family's clothes ; 
after consulting with her in presence of witnesses, I drew up the 
affidavit No. 3, read it over and over to her in presence of the 
witness, subscribing his name (JohnE. Anderson) and yesterday, 
Tuesday, the 11th, in the Court House presented it to his Honor 
the Custos, Mr. Bell, requesting him to read it, and administer 
the oath to her, the deponent thereof; He was highly incensed 
therewith, and finding the nature of it, would not at the time 
either consent to read it, or administer the oath, but cast it aside 
thinking I would let the matter drop ; however, as this was early, 
say about 11 o'clock, I allowed it to lay, thinking by and by some 
other magistrate would have come in, and then I would have taken 
it up ; waiting however till about 12 o'clock, and finding none came, 
I again took the matter up producing the parties brought up by the 
constable, under his warrant (see No. 2); still he tried to evade, 
but said he would, as soon as a second magistrate came, enter 
upon a summary trial with the apprentice, William Harris, and 
have him punished. I pointed out to him that there was no law 
in force, authorising him to take such a step. 

I laid the following laws before him, the abolition act 
passed in December 1833, say the 44th Clause. — 

"^n^ ht it fnViUtV tnatttXSfihait all other 
inferior misdemeanors and other crimes committed 
by apprenticed labourers against each other, or 
against the person entitled to his or her service, 
or against any other person, and not hereinbefore 
specified, shall be heard and determined before any 
justice appointed by special commission, reasona- 
ble notice of the time and place of such trial being 
given to the person entitled to the services of the 
apprentice complained against, where such person 



so entitled to his or her services;, is not the complain- 
ant, and such justice shall, upon conviction of such 
apprentice, order and direct such punishment to be 
inflicted as he shall think proper, not exceeding 
fifty lashes nor three months'" imprisonment to hard 
labour, nor twenty days' solitary confinement: pro- 
vided, that nothing in this clause contained shall 
be taken to authorize such magistrate to sentence 
any female apprentice to be flogged or beaten : and 
provided also, that nothing herein contained shall 
be deemed or taken to deprive any of his majesty's 
subjects of his or her right to proceed against any 
such apprentice in any of the superior courts of this 
island or any court of quarter session, or common 
pleas, for remedy against any apprentice for any 
wrong or injury done or committed to or against 
the person or property of such subject :" 

As also the amended act relative to same, passed in 
July 1834, say the 26tli clause. 

** ^n^ fSEflttCa^, doubts have arisen as to 
the precise meaning of the words 'crimes and mis- 
demeanors' in the said act, fourth, William fourth, 
chapter forty one : Be it enacted, that such 
crimes and misdemeanors as are by law cognizable 
and punishable by one justice of the peace when 
committed by any subject of His Majesty, shall be 
cognizable and punishable when committed by an 
apprenticed labour, by a special magistrate. " 

On these he wanted to ground his assumption of right, with 
a second magistrate, to a summary trial, to punish forthwith the 
apprentice Wm. Harris, and I do verily believe, had a second 
magistrate appeared, inspite of all my arguments to the contrary ; 
and had such second magistrate consented, he would have per- 
sisted in his purpose, and the apprentice would have at once got 
punished. 

I endeavoured to point out to him that he had no earthly 
right over the apprentice in a summary way ; that the 26th clause 
of the act passed in July last, in aid of the act passed in De- 
cember 1833, gave the exclusive right to the special magistrate 
only, in all cases of crimes and misdemeanors to a certain extent. 



10 



but beyond that extent, the matter was not left in the hands of 
the colonial magistracy, further than, that it must be brouglit 
before them by indictment in the general quarter sessions. The 
act to enable magistrates to take cognizance of petty assaults and 
misdemeanors was not intended to empower them over the ap- 
prentices, but over all other classes of His Majesty's subjects. 

I nextlaid before him the 'Jamaica Magistrate's Assistant; " 
on examination and evidence, as follows ; — 

** 212^ilCtt an offence is committed, and the 
offender brought before a justice, his examination 
must be taken, as well as of the evidence against 
him and as much of both committed to writing as 
is necessary to prove the offence. If there be any 
cause for delay the justice may, by word of mouth, 
directthe constable to detain the prisoner in custody 
until next day, to be brought up for further exam- 
ination, which the constable himself or any other 
person has authority to do. The examination 
of the person accused ought not to be on oath, but, 
if he confess the matter, he may sign it; this sworn 
to by the justice or clerk, is evidence against the 
party confessing, but not against others ; other 
witnesses may be brought forward by warrant from 
the justice to be examined on oath, and if they are 
unable to attend, or die, may be given in evidence 
in court. If the justices should thinky upon ex- 
aminatioUi that the prisoner is not guilty , yet he 
must not be discharged, hut either committed or 
hniled,'''' 

Whereupon he directed the clerk of the peace, to take 
down any evidence on oath, which I gave, copy from my affi- 
davit, see No. 1. Then he directed the clerk of the peace, to 
take down the examination of the apprentice Wm. Harris, which 
was, see No. 4, Then I proposed going on with Miss Matthews 's 
examination, and had her brought up accordingly see No. 5, but 
he would not on any account allow her to be meddled with, 
declaring he would neither issue a warrant against her or permit 
her to be molested in the matter, I then laid open the Island 
law, before him, as to his magisterial duty relative to the case in 
question, which was the 8th, of George 4th, c. 22, an act of the 
Island, entituled " an act for improving the administration of 
criminal justice in this Island, passed 21st December 1827. " 



11 



** WS^ilttt^^ it is expedient to define under 
what circumstances persons may be admitted to 
bail in cases of felony, and to make better provision 
for taking examinations, informations, bailments 
and recognizances, and returning the same to the 
proper tribunals. '^uTf WS^htVt^fi the technical 
strictness of criminal proceedings might, in many 
instances, be relaxed, so as to insure the punishment 
of the guilty, without depriving the accused of any 
just means of defence; and the administration of 
justice in this Island might in other respects, be ren- 
dered more effectual : May it please &e, That 
where any person shall be taken on a charge of 
felony, or suspicion of felony, before any one or more 
justiceor justices of the peace, and the charge shall 
be supported by positive and creditable evidence 
of the fact, or by such evidence as, if not explained 
or contradicted, shall, in the opinion of the justice 
or justices, raise a strong presumption of the guilt 
of the person charged; such person shall be com- 
mitted to prison by such justice or justices in the 
manner hereinafter mentioned ; but if there shall 
be only one justice present, and the whole evidence 
given before him shall be such as neither to raise a 
strong presumption of guilt, nor to warrant the dis- 
missal of the charge, such justice shall order the 
person charged to be detained in custody, until he or 
she shall be taken before two justices at the least; 
and where any person so taken, or any person in 
the first instance taken, before two justices of the 
peace shall be charged with felony, or on suspicion 
of felony, and the evidence given in support of the 
charge shall, in their opinion, not be such as to 
raise a strong presumption of the guilt of the per- 
son charged, and to require his or her committal, 
or such evidence shall be adduced on behalf of the 
person charged as shall in their opinion, weaken the 
presumption of his or her guilt, but there shall not- 
withstanding appear to them in either of such cases, 



12 



to be sufficient ground for judicial inquiry into his 
or her guilt, the person charged shall be admitted 
to bail by such two justices in the manner herein- 
after mentioned. 

s 3. ^ntr f)t it ftirtfier enactetr, That every 

justice of the peace, before whom any person shall 
be taken on a charge of misdemeanor or suspicion 
thereof, shall take the examination of the person 
charged, and the information, upon oath, of those 
who shall know the facts, and circumstances of the 
case, and shall put the same, or so much of the 
same as shall be material, into writing, before he 
shall commit to prison or require bail from the 
person so charged and in every case of bailment, 
shall certify the bailment in writing and shall have 
authority to bind all persons by recognizance to ap- 
pear to prosecute or give evidence against the party 
accused, in like manner as in cases of felony, at the 
next supreme court or either of the assize courts, 
or either of the courts of quarter sessions of this 
Island, and shall subscribe all examinations, in- 
formation bailments, and recognizances, and trans- 
mit and deliver, or cause the same to be transmit- 
ted and delivered to the clerk of the crown, clerk 
of the peace, or other proper officer of the court in 
which the trial is to be. " 

•^'S 5. ^ntir ts^ tt furtlier eiiactttr, That 

if any justice or coroner shall offend in any 
thing contrary to the true intent and meaning of 
these provisions, the court, to whose officer any such 
examination, information, evidence, bailment, re- 
cognizance, or inquisition ought to have been de- 
livered, shall, upon examination and proof of the 
offence, in a summary manner, set such fine upon 
every such justice or coroner as the court shall think 
meet." 

And tliis wliicli is so very clear, that no one could mistake, 
but such as was determined wilfully to do so, at the same time 
I told liim, that he had already issued his warrant, against her 
to have her apprehended, sec No, 2 ; and tiiat it was by the au- 
thority oitho warrant, that :ihr was now apprehended and bei'ois 



13 



him. i^e got up in a passion, and declared lie had given no sucii 
warrant, whereupon the clerk of the peace told him he was in er- 
ror, and produced the warrant accordingly, bearing his seal and 
signature ; lie stammered out something of an excuse, but pub- 
licly declared, he would be answerable for his own acts, in spite 
of the warrant, or the law before liim, and hereupon called out, 
loudly and openly, with the warrant in his hand, Miss Matthews, 
I discharge you. and you are hereupon discharged from the 
effects of the warrant accordingly, throwing the warrant on the 
table; which was immediately taken up with astonishment by one 
or two gentlemen then present, to peruse, and one of such gen- 
tlemen remarked, I know John Bell too well to suppose or think 
he Avould put his name to a paper without first reading it, (but 
I have and can solemly affirm and declare on oath, if necessary, 
that he did bothread it and argue on it, as I have before stated, 
befor he signed it.) 1 charged the clerk of the peace to be care- 
ful in keeping it, for that it might be hereafter called for. Again 
I charged Mr, Bell, but he persisted and defied the law, allow- 
ing Miss Matthews to go free, but directing the clerk of the 
peace to takebail of two securities in £25 each for the appearance 
of William Harris, the apprentice, at the next general quarter 
sessions, and my recognizance to appear and prosecute. 

I have accordingly drawn up the foregoing case, with a 
copy of all documents from No. 1 to 9, relative thereto, with a 
determination to expose to public view, the almost uselessness of 
attempting to get the ends of Justice satisfied in this part of the 
world. 

And as I know it to be the instruction of government, in 
all matters of this kind, intended to be submitted to government 
at home, that it should first of all pass through the hands of, or 
be laid before His Excellency the Governor here, 1 have pre- 
pared the foregoing for this express purpose. 

I shall however beg to draw the attention of His Ex- 
cellency to an almost similar affair, but not so bad as this, which 
happened in the parish of St. Andrews, in the year, I think, 1830 
or 1831. It was to this effect ; Mr. Wm. Taylor, the attorney of 
Mr. Wildman, living on Papine Estate in St. Andrews, detected 
some negro slaves belonging to Mrs. Clarke, widow of the great 
Mr. Clarke of tliat parish, stealing grass from oft' Papine Land ; 
on their being detected, they gave it as their excuse, that they 
were forced, or compelled by their mistress to steal the grass. 
Mr. W. Taylor, wished to expose and punish Mrs. Clarke, (not 
t'.ie slaves) and accordingly had them carried before the Ma- 
gistrate at Halfway Tree ; there was no proof as to the facts in 
this case (which is very different now in mine), beyond the as- 
sertion of the sla'.es themselves ; accordingly the ends of justice 
were defeated, tlip magistrates flogged the poor nf'groe^:, for 



14 



which Mr. Wm, Taylor, was excessively sorry, but Mrs. Clarke, 
totally escaped all manner of punishment : Mr. Wm. Taylor had 
this affair laid before his Majesty's government, and I fancy the 
records at the King's House, will shew the result. 



Jamaica Ss. St. George. 

Henry Sterne, of the aforesaid parish, gentleman, being 
duly sworn maketh oath and saith, that the foregoing statement, 
is a copy of the statement, and charges, preferred by him to His 
Excellency, the Marquis of Sligo, Governor of Jamaica, &c. &c. 
against The Honourable John Bell, Gustos Rotulorura, and 
Chief Judge for the aforesaid parish. 

And further this deponent swears, that such statement and 
charges, are just and true in every particular, to the best of my 
knowledge and belief. 

So help me God, 

HENRY STERNE. 

Sworn before mc this fth day of January 1835. 

FREDERIC WHITE. 



No. 11. 



[2nd. Case.] 

I will however instance another most glaring case in 
which humanity shudders, at the recollection of, and in which I 
was, under the guidance of the Almighty, an humble instrument 
bringing to light. I will just copy it from the public papers, 
verbatim, printed at the date of trial ; it happened in this very 
parish, and through the perverse obstinacy of his Honor, the then 
and still present custos of the parish, the ends of justice were 
completely and cruelly frustrated; the four poor slaves were ex- 
ecuted, but the free, who were the most guilty, escaped. I have 
often thought of the matter since, and regretted exceedingly that 
I did not at the time lay it before government, but as a fitting 
opportunity now occurs, and as the same perverse, obstinate har- 
dihood exists on the part of the Custos, to prevent and defeat 
the ends of justice, I trust His Excellency, as also his Majesty*s 
government will see how incompetent a person the present custos 
is, to uphold and meet the ends of justice, by holding so high 
and distinguishable an oflice. 

In the Jamaica Courant and Public Advertiser (Newspaper) 
of the 26th September, 1829, is to be found the following. — 



15 



" This clay's paper contains a report of a trial for murder. 
Rarely hasacase of such extreme atrocity come before the public 
of Jamaica. The deceased was a free person of color; he was a 
married man. The coldblooded revolting murder was per- 
petrated in the presence of a crowd of slaves, and as is charged 
by the moral evidence of the slaves, who were executed, some 
free people were accomplices, and horrid to relate, one was a 
witness of the deed and incited the crime from whom was to 
have been expected — but we will go no further. 

THE MURDERS AT 3UFP BAY. 

At a special slave court, held at Buff Bay, St. George's, on 
the 1st instant, before the Honorable John Bell, Robert G, 
Kirkland, and James Shenton, Esquires. 

A. Jury were empannelled as follows. 



Francis Guscott, 
J. B. Kennian, 
Thomas Leamy, 
George Helps, 



Robert Dunbar, 
Robert Dundas, 
Donald Mathuson, 
John Ciarke, 



.. T. Bloomfield 
George Langlands, 
Wm. W. Buckley, 
William Neil, 



An Indictment was read by the clerk of the peace, charging 
Alick Brown, David Carmichael, Thomas Brown, and George 
Norman, four slaves belonging to Gutter Head plantation, the 
property of Mrs. Isabella Graham, with the wilful murder of 
their late master, Mr. William Graham, to which they all 
pleaded Not Guilty. 

Isaac Johnson, a slave, and an accomplice, was called upon 
the part of crown, and was for some time interrogated by Coun- 
seller Dallas (who appeared there on behalf of the prisoners,) 
as to the nature of an oath. Johnson at length said, he knew if 
he swore false he would die, die over and over, and would go 
to hell and burn. He was then sworn; and as he swore he said, 
so help me God if I tell lie. Well massa, I am Watchman at 
the cocoa piece, and when marshall begin to run we, mistress 
call me, and say, my negro, go up to the cocoa piece, and mar- 
shall keep da come. One night me come down to Gutter Head 
to sleep ; I go into Thompson's house ; we eat supper and sleep ; 
well, massa, — fix the business to murder massa. (Here Coun- 

seller Dallas objected to name being called in question, 

and would not allow the evidence to say any thing about the free 
people, which considerably cut the thread of the story.) Alick 
Brown and Thompson came and woke him ; and when calledj he 
came but thought it was the marshall, and wanted to run ; they 
said no, come this way; when he came, they told him he must 
come and murder massa this night, or else they would be sold on 
Monday; say so; Alick Brown been ha\e one long maho 



m 



vope in his liantl, ami saitl that if any body woukl mii^ lie would 
i>-et up and take his knife, and stick that somebody ; and then 
they go into tlie liouse where massa been da sleep, the back door 
was open, Alick first go into the house, Thompson follow, David 
follow, Georg'e Norman follow; George Norman say hira da 
married man, him wont put hand to murder massa, but would 
help to carry him ; when them go into the house me was fright- 
ened, me run, go back and hide under bench in carpenter*^s shop, 
them look and no see me, they come out and look for me all 
four, they come catch me under the bench, and push me before 
them, and say me Guinea negro, me have heart, Alick say so, 
saying every day me do hoast, me do talk , me do brag, but now 
me fraid. When we get into the house, Alick stand by massa 
stomach, David stand sside of his head, Thompson sideway, 
close his hand, Alick say I must stand at his foot ; Alick then 
catch hold of massa throat and tie hira, David fall down upon 
his head and hold his mouth and nose, Ihompson hold his two 
hands, me own self, me come to hold his foot halfwav, me hear 



ay, 



him bawl '' me dead, me dead," and me run ; they murder him 
done now, and they carry him out of the door, and wanted me 
to help hold him, but me would not, they take neck cloth and 
tie him neck, and put on hira trowsers, they maussa him now ; 
George Norman married, no put hand there, but assisted to 
carry him, they take one board from the carpenter's bench, and 
lay him on the board, and took some string and tied him down 
thereon; George Norman carry one side, David one side, they 
carry him half way da river course, and put him down ; now 
Thompson and- Alick Brown took him and carried him across the 
fording, and let hira go into the water, and carried back the 
board ; massa was quite dead before put into the water. 

Case closed. 

Counsellor Dallas. Are you and those four men good friends? 

Answer. The first is my son, one is my shipmate, Thompson 
is ray Godson. 

Q. Are you and him good friends? 

A, Me quarrel a little sometimes, but only word of mouth ; 
me never quarrel with David or the others, but sometimes quarrel 
with Godson. 

Q. Has Thompson got a wife ? 

A. Yes, and two children; Thompson's wife was in the 
house, they come and call me ; me been da sleep. 

Q. Had Thompson and you taken supper together? 

A. Yes Sir. 

Q. Did Thompson go to sleep ? 

A. Thompson gone to bed in da room, me sleep in da hall; 
to get out of bed he must pass through hull. 



17 



Q. When did you see Thompson go out of the house? 

A. Thompson call me da door; I was asleep when he got up, 
me see Thompson da door, me see them da door, follow them 
into carpenter's sbop, they said to me, we must come go and 
murder massa, my heart no been there far tell. 

Q. When they told you to go and help murder hira, what 
did you say ? 

A. Me say better not do that. 

Q, Did you do nothing to help P 

A. My hand go there, but my heart fail, and me run back, 

Q. Did you see him die? 

A. Yes, I see hira die when they been da put on his trousers, 
him been da hiccupt. 

Q, What kill your massa? 

A. They take rope and run round his neck, and tied hira 
with a piece of raaho bark, broad, but not twisted. 

Q. Did you see either Norman's or David's wife« 

A. No, did not see either, but saw Thompson's. 

Q. How many Christmases since this happen? 

A. This Christmas da come make four, me never tell nobody, 

Q. What made you tell after so long a time ? 

A. I was taken da road, and brought here. 

Q. When the Coroner's Inquest was held, were you there ? 

A. When the Jury go up me no been there, me go da cocoa 
piece. 

Q. Did any one send you to the cocoa piece? 

A. Yes, da massa Bobby send me there. 

Q. Your massa used to drink sometimes, did he not? 

A. Yes, him drink, but not to get drunk, me no see him da 
tumble, 

Q. Your massa get mad sometimes, did he not? 

A. Yes, him run out of the house sometimes. 

Q. You are quite sure all those four men were with you that 
night? 

A. Yes, all four was with me that night, who throw him into 
the river, they loose hira off the board into the river, the river 
been high, they put him into the fording. 

Isabella Thompson, wife of Thompson Brown, and Margaret 
Ohlson, wife of David Carmichael, were severally called up and 
sworn ; their evidence appeared a complete made up story, in 
order to prove their husbands were from home the night of the 
murder. 

Mr. Dallas made a very lengthy speech, but the circum- 
stances were too clear, and the Jury after retiring a few moments 
brought in a verdict of Guilty. They were then valued for 

£288 6s. 8d, 



18 



The Honorable Mv. Bell tlien rose, and in a very able and 
impressive manner, passed upon tliem the awful sentence of the 
law; that they were to be taken to the jail from whence they 
came, and from thence, when His Excellency the Governor 
should think proper, to the place of Execution, there to be hung 
by the neck, till they were dead, and may God, of his infinite 
mercy, have mercy on their souls. 

EXECUTION OF FOUR MURDERERS AT 
SAINT GEORGE'S. 

The last dying speech and confession of Alick Brown, 
George Norman, David Carmichael, and Thompson Brown, who 
were executed on Thursday morning, the 24th Instant, pursuant 
to their sentence. 

The Spring Garden Company of the St. George's Regiment, 
under the command of Captain Kirkland, attended at the place 
of execution ; a Captain's guard of the Charlestown Maroons, 
who had been on duty over the prisoners for the last few days, 
escorted them to the place of execution. 

Much praise is due to the Rev. Mr. Griffiths, for his daily 
and unremitting attention to the unfortunate prisoners. Ever 
since the sentence of the law had been passed upon them, they 
remained in a complete state of hardihood, in no wise confessing, 
or seemingly sorry for the past, until yesterday morning, when 
their wives were allowed to visit them, and carry clean clothes, 
after which, finding there was no hopes of pardon, they each, 
and all of them confessed fully their guilt, before the Rev, Mr. 
Griffiths and others. They acknowledged the justice of their 
sentence, but said they were compelled to do the deed. They 
thought that George Norman ought not to be hung, because he 
did not help to do the deed, but only looked on, and assisted in 
carrying the body to the river ; they stated massa com- 
pelled them, and that the whole of the Gutter Head people were 

present before the house, looking on, that was walking 

up and dovm the piazza, that both the served the 

folks with rum, that Mrs. Graham and family had Mr. Graham's 
bed taken down the day before, and he was put to sleep on a 
shake down in the hall. — They further said, when they went in 
upon hira, he (Mr. Graham) made a spring up, and made a 
desperate resistance, crying out '* murder! murder! help! help! " 

that came and encouraged them, and told them to 

seize him, for that as they had gone so far, if they were now to 
let him go, he (Graham) would play the devil with them; with 
that they seized and murdered him, in presence of all the Gutter 
Head people, in number about fifty ; they said their wives had 



19 



taken false swear, in saying on tte day of trial, tliat they were 
not there at the murder. 

At about 11 o'clock they were placed on the scaffold, they 

all said " tell massa thanky, tell him thanky, tell 

misses and old misses thanky, for da them bring us to this, da 
them bring us here, them cheat we, them say we must kill massa, 
or else them would punish us, and Marshall would take and sell 
every one of we ; but we pray every body to pray God to forgive 
them, we pray you all massa negro, (of which a number was 
present) to take warning by us, for we now see what an end we 
have come to, we pray you will all go to church every Sunday, 
and.be good. 

George Norman, da no for sake of buckra work, make we 
come here, but da massa and 

Alick then called his wife, and shared his sow and little 
property between her and his children, and told her to go and 

pray to God for him, and to '' tell massa how die, 

how die, tell him we send, tell «him thanky, him and them all, 

we been wish massa would have been come down, but we 

all freely forgive them." 

George Norman. " hope they will go to church and pray, 

same night they call him to carpenter's shop massa say 

he must come go and help murder massa, him no promise him 
anything, him no get nothing." 

Alick, '' I sorry when 'twas over, but 'twas too late, ■ 

and them take bottle and make Obeah, and make we all 

drink, they then break the bottle and bury it ; it tasted salt, 

tell us him mammy put salt into it, but we forgive every 

body. 

George Norman say, " they come call me, but me no been 

want to come, they force me, massa say it must be done, 

and done at once, and say so four times, and massa • come 

back and shove me, and carry me go. I forgive every body, no 
more one somebody me carry da me heart; first day me tell 
buckra every thing, but da somebody tell me for change me 
word, to say me been drunk when buckra ask me again, no 
see him here." At this time he turned himself on the scaffold 
and faced Alick Brown, * ' I no tell lie upon nobody, if any one 

da here, let hini say if me tell lie upon any one, massa — 

come da night too, so tell we, we no must speak anything at all, 
him give we cigar for smoke too, through the iron grate, and say 
suppose we no speak, nothing 'will do we, we all will get clear; 
da dat make me no been speak every thing to buckra, when dem 
put question second time, but say me no sabe anything, and me 
been drunk first time me speak to them." 



20 



The caps were now drawn over their faces, and they were 
advised to pray, they all seemed to pray with great earnestness, 
particularly Alick, and George Norman, saying " Lord have 
mercy upon us, Christ have mercy upon us, receive us O merciful 
Father; thou sayest O God, knock and it shall be opened; we 
therefore pray thee O God, that thou wilt open to us, poor 
sinners, that thou wilt receive us, and have mercy." 

The Rev, Mr. Griffiths then commenced and read a most 
appropriate and affecting prayer, in which the unhappy culprits 
joined ; just at the close the sign was given, and in an instant 
they were launched into eternity. 

Alick died almost instantly, so did David Carmichael, but 
George Norman, and Thompson Brown, died very hard. The 
moment the drop fell there was an awful shriek from the wives 
and children of the unfortunate men, and the negroes of Mrs. 
Graham. 

The following is from the Royal Gazette : — 

Buff Bay^ Saint George's, 

September 24, 1829. 

The awful sentence of the law was carried into effect, at a 
quarter past 11 this forenoon, on the persons of Alick Brown, 
David Carmichael, Thompson Brown, and George Norman, 
slaves in the possession of Mrs. Isabella Graham, (of color) for 
the murder of her husband, William Graham, (of color) in 
June, 1827. 

The criminals approached and ascended the scaffold in the 
most firm and collected manner, after which they requested 
permission to address their fellow slaves, that they might advise 
them not to follow their example ; they reiterated a confession of 
their guilt, which they had made the preceding day, and 
declared that they had not of themselves any intention of com- 
mitting murder, but had been induced by Mrs. Graham, Miss E. 
Ohlson, and R obert Ducat, to murder Mr. Graham. Alick 
Brown said that Mrs. Graham first told them to do it, or 
otherwise the negroes would be sold for debts of Mr. Graham, 
and they would lose their houses and grounds ; he replied he 
could not do it, he did not regard his losses, he would find "fire 
and water" every where. The slaves were repeatedly urged, 
and on the night of the murder, Robert Ducat, about 10 o'clock, 
went to their houses and called them up, and said they must kill 
Mr. Graham; thus urged, they executed the horrid deed. The 
criminals asked for the Gutter Head family, and for Isaac 
Johnson, (the Crown witness) and for John Wray, and said 
tkey ought to h?ve attended, that they (the criminals) might 



21 



prove to them that though they l)ail brought them to the gallows, 
they forgave them; they said they died in peace and good will 
with every body. They repeatedly spoke to their wives and 
children and otliers, and recommended them to live well, to take 
care of one another, and to avoid bad advice, and not do as 
they had done. Alick Brown called a woman by name, and 
desired her to convey his remembrance to the Gutter Head 
family, and tell them he forgave them. He uttered a most 
affecting prayer, tlie others also prayed, and they all evinced a 
fortitude and resignation surpassing what I could have imagined 
it possible for people to do, standing in their terrible situations, 
with ropes about their necks, ready to be launched into 
eternity; 

The Rev. Mr. Grifiiths attended and prayed with them, in 
a manner that sensibly touched the feelings of all present. The 
struggles of the dying sufferers were very soon ended ; in three 
minutes they all appeared dead. Mr. Griffiths was most assid- 
uous in his endeavours, and particularly since Saturday last, to 
bring their hearts to penitence ; they continued hardened up to 
Tuesday last, but on his taking leave of them on that day, 
David Carmicliael requested be would come to them in the 
morning, and tbey would tell him something ; he visited tbem 
accordingly, accompanied by his Honor the Gustos, when tliey 
confessed as follows: — 

" The murder was planned by all the family at Gutter Head 
except Harriet Ohlson, (she is the mother of Robert and Alick 
Ducat) the criminals and other slaves, were repeatedly tried by 
the family to be induced to murder Graham, but they would not; 
that on one occasion Mrs. Graham went to Buff Bay, leaving 
word to have her husband dispatched, and that when she 
returned, and found it not done, she was very angry. On the 
day of the night of the murder, Mrs. Graham had his bedstead 
taken down, and his sheets sent to the river, ordering a shake 
down (i.e. a pallet) to be made in the hall, (which has a dirt 
floor) for him that night; she went to Buff Bay in the evening, 
leaving directions to have him killed; his place of sleeping was 
changed to the hall, that the murderers might have more room 
to get round him; that about 10 o'clock at night, Robert Ducat 
went to the negroes' houses and called them up, when they 
proceeded to the buckra house; Elizabeth Ohtson gave them 
plenty of rum to drink, before they could make up their minds 
to do the horrid deed ; they went into Graham's apartment 
and seized him, he jumped up, and cried oiut very loudly, 
murder ! murder ; they were frightened and about to desist, when 
Robert Ducat looked in and said, " if you don't finish the work 
now, he will play the devil with you all;" they then grasped 



22 



biiu, and murdered him, as related by Isaac Johnson, whose 
testimony they corroborated, except as to the use of the cord. 
Alick Brown said he had no cord, he strangled Graham with his 
hands; Robert Ducat and Elizabeth Ohlson and two slaves, 
named John Brown and John Wray, looked on; Alick Ducat 
walked up and down the piazza adjoining. 

They declared no reward was promised them, and none 
given ; they said they did receive six, instead of four yards of 
pennistones, as customary, with their clotliing, but no reason 
was assigned for the extra quantity ; they said all the slaves of 
Gutter Head knew of the murder. 

The others said George Norman ought not to be executed, as 
he only looked on, and did not assist in the murder, though he 
did in the conveyance of the body to the river. 

They asked why the Gutter Head family were not taken up 
to be hanged as well as they, and said it was because they were 
poor slaves; they said they would have confessed before, but that 
Robert Ducat spoke to them at night through the gra ting of 
the jail, and told them they must not tell any thing, and he 
would get them free from trouble; he gave them segars." 

Thus has been brought to light, and partly to justice, one of 
the most atrocious murders that stains the annals of the island; a 
wife instigating her slaves to the murder of her husband ! and 
for the mercenary consideration of securing her property from 
sale for the payment of his debts ! planning his murder for 
weeks, perhaps for months, previous to its diabolical accom- 
plishment ; her heart having once entertained the wicked 
suggestion, of murdering him, whom she had solemnly sworn to 
love, cherish, and obey, would not relent, could not recover its 
humanity, though shamed from its devilish pui-pose by her 
barbarous slaves, but became more fixed and determined, as 
humanity was invoked, till from intreaty she rose to command. 
Her wretched slaves, who had resisted the first, too fatally 
obeyed the latter, and, under the immediate influence of spirit- 
uous excitement, and with the eyes of her mother and her 
cousin upon them, they perpetrated the monstrous deed! 

" If (as) she has deformed this earthly life, 
With murderous rapine and seditious strife, 
In everlasting darkness must she lie." 

Let us earnestly hope that justice will, ere long, overtake 
those who are infinitely more guilty than the unfortunate slaves 
who have suiFered. 

It is really surprising that while so many persons were 
acquainted with this murder, upwards of two years transpired 



23 



before its discovery. Mucli error exists as to the manner iu 
wliicli this discovery was made, the facts are these : — 

One of the Gutter Head slaves, named Jane Williams, a 
Creole, spoke of it to some of her friends, and said she believed 
her sickness of late, was caused by ber concealment of the 
murder. This reached the ears of Mr. Sterne of Buff Bay, and 
he, on or about the loth of July, made an affidavit of the 
circumstance before his honor the Gustos, who thereupon issued 
his warrant to apprehend her and her husband, William 
Robertson. On examination they mentioned the names of the 
murderers; they were apprehended on the 17th, when Isaac 
Johnson confessed it unhesitatingly, George Norman, and 
Thompson Brown also confessed it ; Alick Brown and David 
Carmicbael persisted in denying it until the day before their 
execution. 

With this knowledge of the confession of three oi tbe 
murderers, it was matter of astonishment to every one that Mrs. 
Graham employed Counsellor Dallas on behalf of the criminals, 
and made the insidious attempt of proving, by perjured wit- 
nesses, an alibi in favor of Thompson Brown and David 
Carmichael. 

She went to Kingston afcer the condemnation of the criminals, 
but I have not learnt whether she made any application to His 
Excellency the Governor for their pardon; it is thought she did, 
I send you the Inquest on Graham ; in the face of evidence, then 
thought respectable, the Jury could not bring in any other 
verdict than they did. 

THE following are the real facts of this case, and on which 
I have, and do ardently pray. Justice might yet be satisfied; I 
do most solemnly charge Mr. Justice Bell, as being the cause 
Avhy Justice was not fully satisfied years ago, and I am now 
willing to make much personal sacrifice to meet the ends of 
Justice; had I been made a Justice of the Peace for this Parish, 
I think, I would have been able to have brought matters fully 
to light and to Justice. 

In May, 1827, being then a residenter on Buff Bay, I was 
appointed to act as deputy clerkof the Peace. I had the records 
of the office brought to my house, but after looking into its af- 
fairs, aiid finding it not very lucrative, and that it interfered with 
my other business, 1 resig-ned in favor of a friend, about the end 
of June. However, during the time I held office, say about the 
2nd of June, the murdered William Graham ( then alive ), sent 
a messenger to me, (who is still alive), requesting of me officially 
as clerk of the peace, to wait upon him at the messenger's cot- 
tage, on the ovitskirts of this Bay. I waited upon him accord- 



24 



iiigly, and found him, (early in the morning-, say 8 o'clock,) 
without either hat, shoes, or waistcoat on. He told me, shewing 
a big stick in his hand, that he had just escaped from being 
murdered, that I must excuse him being in tlie plight that he 
was, say without hat or shoes, &c. that his wife, Mrs. Graham, 
had taken them away, as also all his clothes, on purpose to keep 
him at home, and not allow him to go out, as he (Graham) had 
made up his mind to give himself up to the marshal, in order to 
pay his debts; (he was then owingme £80 on judgment, and £60 
on note). He further stated that his wife had made attempts 
on his life, by putting poison in his rum and food, once or twice 
lately, which he had detected, and that she had now penned him 
up at home, and set negro men to watch him. That it was by 
good luck he got up as he stood, without shoes or hat, during 
the night, and escaped with his stick ; but nevertheless, one of 
the negro men who was set to watch him, discovered him es- 
caping, and gave chase ; but he, being driven desperate to 
escape, got clear, and he now called upon me in an official capa- 
city, as deputy clerk of the peace, for protection and advice. 

I offered to take up his debts for him, which amounted to 
800 or £1000, on his and his wife's conveying over to me a lease 
of their negroes till the amount was worked out, which he was 
exceedingly anxious to do, but she would not. I therefore ad- 
vised him to give himself up to the marshal, which would enforce 
this arrangement on the part of his wife ; and I left him that 
morning, on the full understanding that he was to wait there, 
and surrender himself to the marshal the next morning, and he 
urged me to send for the marshal for the express purpose of 
receiving him, which I did accordingly. 

It so happened, however, that his wife, sei-pent-like, finding- 
lie had escaped, took horse, made negi-oes follow her with a 
second horse for him to ride, and clothes for him to put on, and 
came in pursuit of him ; having found him, she, partly by intrealy 
and partly by force got him to return home with her. The next 
morning the Marshal came by appointment, but finding he had 
returned home, got me to accompany him to William Graham's 
residence, to get him to deliver himself 5 I went accordingly, but 
myself and the Marshal was locked out, a high 10 foot fence 
was between us; he came down to the fence side to speak to us ; 
his \vife and others stood on the hill about SO or 40 yards aback 
of him, watching him ; he pointed out to us that his wife would 
not suffer him to go with us then, for that she had taken away 
his shoes, hat, &iC. to prevent him, but pledged himself sacredly 
that at night he would watch the opportunity and escape to us ; 
we were compelled therefore to leave him, and expected his 
delivering himself, but instead of which the next day, or the 
day following, we heard he was missing ; the two Ducats went 



25 



about the parish pretending to seek him, one of them came to 
my house on the Bay, and told a long story about him, and 
immediately I held suspicions that he was made away with, I 
communicated my suspicions that evening to a magistrate, Mr. 
Kirkland, who as a friend visited my house, and who the next 
day acted as Coroner on Graham's murdered body. I had to go 
to Annotta Bay the next morning, and did not return till between 
4 and 5 o'clock in the evening, and as I drove up in my chaise, 
to ray door, my neighbour Mr. Sollas, (now alive) came 
running over, and saying, poor Graham is found, drowned, and 
a Jury is now two hours since gone up, to sit on his body; he 
was of opinion witii myself, that Graham was made away with, 
for that Grahara was too much of a christian to put an end to 
his own life ; I lost no time, but took my horse from the chaise, 
although having drove him 20 miles that day, clapped a saddle 
on him, and galloped up, intending if in time, to tender my 
evidence of suspicions to the Jury; though 5 miles distant, I 
was just in time to save the giving in of their verdict, it was 
getting dusk, there was a full Jury, and in consequence of my 
interference, the Inquest was adjourned to meet there at 8 
o'clock in the morning, the body was ordered to be taken up 
from the river, into which it had been thro\vn, and put into the 
house; I returned home, and prepared about 17 or 20 questions 
to put to his wife and the Ducats, but when I got up the next 
morning, I found that Mrs. Graham had been to Mr. Kirkland, 
who acted as Coroner, and woman like, had been weeping 
and telling a fine story, and had so won upon Mr. Kirkland's 
feelings, that he would not permit of my interference, and as 1 
was not one of the Jurors, he would not suffer me to interrogate 
the witnesses by questioning; thus Justice was here defeated ; I 
however took one of the jurors out from the rest, (who is still 
alive) into the room where the body lay, and there pointed out 
to him, particularly, a black mark of three inches in his throat, 
like as if he had been strangled; the room was crowded with 
women and negroes, and I have since learnt, that the murderers 
were sitting there, in breathless anticipation of discovery, an^ 
they said, had 1 been permitted to interrogate, as I wanted, the 
whole murder would have been at that time discovered. 

The verdict was returned, " that he had drowned himself 
in a fit of insanity,'''' Time now flew by, but during July of 
1829, by accident I learnt, that a woman named Jane Williams, 
belonging to Mrs. Graham, had been heard to say that her 
master had been murdered, It struck me that if I could prevail 
on the Custos to have her taken up and examined, the matter 
would come out; I accordingly waited on him, told him of the 
facts, and obtained a warrant to take up her and her husband ; 
1 delivered this warrant to the constable, but knowing \he need 
D 



26 



of secrecy and promptness, 1 volunteered my own services, and 
rode witii the constable to Mrs. Graliam's, to execute the warrant; 
we got hold of the woman, who was at the time sick, and had 
to wait some little time for her husband ; I remember the morn- 
ing well. Mrs. Graham, her mother, Miss Ohlsou, and one of the 
Ducats was there, and they looked unutterably ; Mrs, Graham 
wanted us to go home, and she would undertake to send the two 
negroes down; this was now about 10 o'clock a.m., we had not 
breakfasted, the constable was inclined to accept her offer, but 1 
would not allowdt ; I secured the prisoners and put them on the road 
before me, they wanted to plead the sickness of the woman, and 
the tiresomeness of my remaining so long on the road with her, 
but all this would not deter me from my purpose ; I went on at a 
snail's pace; Mrs. Graham got her horse and came after us, and 
tried all she could to separate me from the woman, but I would 
not; at length we had to go through Spring Garden, where Mr. 
Kirkland was residing, and who was the magistrate that acted as 
Coroner on the Inquest ; the constable and Mrs. Grabam wanted 
the people, now to be examined before Mr. Kirkland, but I 
v/ould not permit it, having taken good care in filling in the 
warrant, not to say that they be taken before any magistrate, but 
brought expressly before the Gustos. 

Accordingly we proceeded on to the bay with our charge, 
Mr, Kirkland having very injudiciously, said to the constable, in 
jest against me, that it would turn out to be a mountain in labour 
but which would bring forth a mouse. 

1 saw the prisoners lodged in jail, now about 12 o'clock, 
and sent over to the Gustos to acquaint him, and tben went 
home to my house to shift and eat breakfast ; just as I had done 
I received a message from the Gustos, saying he wished to see 
me at the Court House ; I Avent immediately, when he said, 
" well Sterne, 1 have been examining the people, aud can find 
not the slightest grounds about what you told me, I was just 
going to discharge them, but I thought it as well to send 
to you first, as perhaps you may have some questions to put." 
I immediately replied, with his permision I would examine ; he 
having assented, I ordered the man to be locked up, and 
brought forth the woman ; I then most solemnly swore her, in 
the presence of that God, to whom, as I then told her, she 
would hereafter have to give an account; I told her that I knew 
more of the aftair than she perhaps was aware of, that if she 
did not at once confess the truth, that 1 would bring forth other 
witnesses, who perhaps would place her life in jeopardy; 
she was at first sullen and denied, but by sharp cross question- 
ing I entangled her, when she immediately said, if the Gustos 
would go aside with her privately, she would confess all ; I 
advisod hJni to gratify her whim, and he did, and shecoufassedthe 



-/ 



whole affair ; we then brought forth lier husband, who, finding 
all was blown, corroborated her statement. The Gustos imme- 
diately sent an express for Mr. Kirkland, and they combined, 
issued warrants for the apprehension of the slave murderers; 
but all my endeavours to persuade the Custos to apprehend the 
free people, proved unavailing ; he would not, although the 
poor slaves gave up their names as the authors. In the mean 
while, the Custos wrote to Mr. Attorney General for instructions 
how to act, but this caused a week or 10 days delay, which 
enabled the free people to swear secresy together ; atthe instance 
of Mr. Attorney General the free people were now brought up 
for examination; the Custos, Mr. Kirkland, and the Clerk of 
the Peace examined them, but they would not permit my inter- 
ference at this time ; thus they could not get anything out of 
them, and they were accordingly discharged. 

The four poor slaves were tried and executed, but justice 
has never yet been satisfied. 

His Excellency will here perceive the Custos's apathy, in 
not grautingthe warrant, to apprehend the free people coucei-ned, 
who were actually the murderers, and this apathy was marked 
by ignorance, because in the face of the law which justified a 
warrant in case of even suspicion, he refused granting it on 
such strong presumptive proof. 



Jamaica Ss, St. George. 

Henry Sterne, of the aforesaid parish, gentleman, being 
duly sworn, maketh oath and saith, that the foregoing statement 
is a copy of the further statement and charges, preferred by 
bim to His Exellency, the Marquis of Sligo, 'Governor of 
Jamaica, &c., &c., against The Honourable John Bell, Custos 
Rotulorum, and Chief Judge for the aforesaid parish. 

And further this deponent swears, that such statement, and 
charges, are just and true in every particular, to the hest of my 
knowledge and belief. 

So help me God, 

HENRY STERNE, 

Sworn before me this 5th day of January, 1835. 

FREDERIC WHITE, 



2-8 



Copy Answer. 

The King's House, 

1st December, 1834. 

SIR, 

I have received and submitted to His Excellency the 
Governor, your letter of the 27th ultimo, with several enclosures 
transmitted to you by Mr. Sterne, and the whole has been referred 
to Mr. Gustos Bell for explanation. 

As you allude to the case of Mrs. Clarke, it may be proper 
to notice, that after a very long and minute investigation 
into that complaint, Mrs. Clarke was fully acquitted, and her 
innocence entirely established. 

I am, Sir, 

Yonr obedient Servant, 

W. G. NUNES, 
Secretary. 
To Charles Harvey, Esq. 



The King's House, 

12th December, 1834. 
SIR, 

The statement vnade by Mr, Sterne which accompanied 
your communication of the 27th ultimo, having been investigated 
under the direction of His Excellency the Governor, I am to 
acquaint yon, that the accusations of that person, against the 
Gustos of the parish of Saint George, are totally unfounded and 
frivolous. 

I am Sir, 

Your obedient Servant, 

W. G. NUNES, 

Secretary.^ 
To Charles Harvey, Esq. 



To His Excellency, the Most Noble, the Marquis of Sligo, 
Governor of Jamaica, &c. &c. 

May it please your Excellency, 

Your petitioner, a humble individual of the parish of St, 
George, makes bold to approach your Excellency, for a redress 
of grievances of a most serious tendency. 



29 

Your petitioiser most humbly urge, that as your Exceiiency 
is the great fountain liead of Justice in this country, your peti- 
tioner being a British subject, has a claim to your Excellency's 
support and consideration. 

Your petitioner, though an humble individual here, can 
nevertheless boast of his parentage and connections;, he is 
kinsman to the Right Honourable Henry Hobhouse, one of 
his Majesty's privy council, and who, for many years served his 
Majesty's government in the Home Department, with Sir Robert 
Peel, and from whom your petitioner, can produce letters 
touching such relationship, as well as from another of his 
brothers. 

Your petitioner can refer your Excellency to many highly 
respectable individuals of this country, who can attest either as 
to himself or his family ; Mr. Barrister Panton of Spanish Town, 
Avas personally acquainted with your petitioner's family; his 
father, the late Colonel Pantcn, was the sole canse of your 
petitioner's first visiting this colony, now 19 years ago; your 
petitioner therefore humbly solicits your Excellency's patient 
hearing. 

Your petitioner forwarded, through the hands of Mr 
Harvey, his solicitor in Spanish Town, some time back, a long 
list of charges against Mr. Gustos Bell, the Chief Magistrate 
of this parish, but which your Excellency's secretary, thought 
proper to designate ns unfounded and frivolous; since which 
period, your petitioner has had some weeks illness, and has 
been most cruelly persecuted by some two or three of the 
Magistracy in your petitioners neighbourhood, friends of the 
Gustos. ^ 

On one particular point of persecution, your petitioner has 
thought proper to seek redress through the medium of the 
law, the ensuing Grand Court; but your petitioner most humbly 
craves your Excellency's protection, and redress of wrongs, 
which he has received from the Special Magistrate of 
this parish, Mr. Frederic White; your petitioner has been 
most wantonly vilified, insulted, and abused by this Gentleman ; 
Mr. Justice White sat as a Judge at the Quarter Sessions of 
this parish, on Wednesday and Thursday week last, on which 
days your petitioner was the prosecutor, at suit of 
the King against . two apprentices, for trespass and larceny, 
connected in the case of Miss Matthews, which was the ground 
of charge preferred by your petitioner against Mr. Gustos Bell ; 
true Sills were found against them, and one, the least guilty, 
was clearly convicted, adducing in public by the witnesses, the 
clearest grounds for your petitioner's charges against Mr. Gustos 
Bell ; the second one which would have been still clearer, was 



30 



not allowed by the Magistrates to be brougbt to trial, well 
knowing it would have made greater exposure, and when 
your petitioner urged tlie trial to their worships on tlie 
bench, he was publickly taunted by them, say, Mr. Justices 
SAvire and White, we have decided already, you may go and 
wi-ite to tlie King's House if you think proper ; your petitioner 
therefore most humbly trusts, that your Excellency will appoint 
a special commission of Magistracy, to investigate into my 
complaint against Mr. Gustos Bell. 

But to the point against Mr. Special Justice VVhite; your 
petitioner visited Spanish Town immediately after the Quarter 
Sessions, and while absent, your petitioner's wife was assaulted 
with obscene abuse, by a part of Miss Matthews's family, the 
lady referred to in my charges against Mr. Gustos Bell ; the 
result was, that an apprentice of your petitioner's, and who is 
a sworn in special constable, being directed to do a certain duty, 
was assualted and abused by an apprentice of Miss Matthews, 
the very apprentice against^ whom a true bill of larceny was 
found, througb the instrumentality of this very special consteible. 

Your petitioner's special constable being thus ass?iulted and 
abused, went and lodged a complaint before Mr. Justice White, 
who it appears, was secretly burning in heart, for an opportunity 
to punish him; Mr. Justice White, instead of hearing his com- 
plaint and redressing his grievance, abused and swore at 
him, that he would on the "following Tuesday, which was 
Tuesday last, the 13th, commit him to jail, and sent him back 
home, with tlie following note to Mrs. Sterne, your petitioner's 
wife : — 

Kildare House, St. George, 

January 10, 1835. 

Madam, 

I recjuest you will attend at Buff Bay Court House, on 
Tuesday, the 13th Instant, at 10 o'clock, a.m., that I may 
investigate the matter between your servant David Glarke, and 
Sarah Matthews, the property of Miss Matthews. 

FREDERIC WHITE, 

Special Justice. 
To Mrs. Sterne, Buff Bay. 

When your petitioner returned from Spanish Tomu, he found 
matters thus; at first he did not intend to permit Mrs. Sterne to 
attend the Court, but learning how Mr. White was sorely set 
«gainst th - poor man, he attended with Mrs. Sterne, to see 



31 



justice clone, wlien the most oppressive and disgraceful scene 
ensued; Mr. Justice Wliite was on tlie bencli, and as soon as lie 
perceived tlie parties, witii an oatli lie called the man David 
Clarke forward, and lie being tlie accuser, was sworn, and 
liaving given a clear and plain statement cf the facts, which 
was at once simple and to the purpose, lie was about to scold 
the accused party, when up stepped a volunteer apprentice be- 
longing to anotlier party, wlio stated tliat lie was present, and 
gave it out tliat your petitioner's apprentice v/as as bad as the 
one he was accusing, whereupon Mr. Justice White swore at 
your petitioner's man, and was about to commit him, when your 
petitioner solicited him to hear evidence, a young Gentleman, 
clerk to your petitioner, was called up and sworn, who supported 
the testimony of your petitioner's apprentice ; Mr. Justice White 
on this, being anxious at any hazards to pimish the man, under 
a feigned shew for Justice, sentenced both the accuser and 
accused to one week's hard labour in the workhouse ; your petiti- 
oner indignant at such unjust treatment stood up, and addressing 
his worship remonstrated, saying he stood there in defence of his 
apprentice, and he hoped his worship would hear Mrs. Sterne's 
evidence in- his hehalf, for which purpose she had attended in 
obedience to his own summons, but his worship perceiving that the 
evidence of Mrs. Sterne must clearly release him, refused to 
listen thereto, and with expressions of malicious exultation, 
committed the poor man ; Mr. Sterne your petitioner again and 
again urged, calling his Avorship's attention to a circumstance 
which took place only a few Aveeks before as follows. — 

The same apprentice and special constable, David Clarke, 
had brouglit up before his worship, another apprentice of Miss 
Matthews, for insolence and insubordination in your petitioner's 
yard, the proof was clear, and his v/orship committed the 
apprentice for two weeks to hard labour; but at the moment, in 
stept the Honourable John Bell, at whose bare suggestion (he 
being- a friend of the apprentice's mistress) Mr, Justice White 
called back the already sentenced, and released her ; en your 
petitioner calling this to his worship's recollection, and there 
sat present the Castas^ his worship in a most heated and abusive 
manner, vilified your petitioner from the bench; he taxed him 
as having been the man who had written to your Excellency 
against him, and in unmeasured terms abused him for such, 
telling him, that he may go and do so again; at your petitioner's 
replying that he had never wrote aught to your Excellency about 
him, (which Your Excellency knows full well is he truth J he 
threatened to commit him if he dared to open his mouth, and 
insisted upon the policemen to force him out of his Court, saying 
he would not allow such a fellow to be in his Court, to watch 
and report of him; your petitioner had to take IN"'" '^'^ ^"-^ ^ 



32 



ot Court;, and having seen lier lioniej reiuinetl to tlie Court for 
an explanation, at v/hicli time, Mr. Fisliburn tlie other special 
Magistrate was there, but Mr. White would not permit jour 
petitioner to remain, insulting and abusing him, iinbecoming the 
dignity of an ordinary Gentlemen, much more that of one of 
His Majesty's Justices in Court sitting ; he made the policemen 
lay violent hands on your petitioner, and forced your petitioner 
out of Court, giving the policemen orders, that for the future, 
they were never to permit your petitioner to set a foot inside of 
his Court, and strongly advising his associate, Mr. Fishburn, 
to act the same way, as your petitioner was a dangerous charac- 
ter, and would report him. 

Your petitioner is much pained to have to thrust himself 
forward to expose these and other truths, but your petitioner is 
seriously aggrieved, and never witnessed such imperilous, tyran- 
nical, and oppressive conduct, even amongst the local Magistracy, 
during bis ID years of residence in this colony. 

Your petitioner boldly asserts, that Mr. "White has succeeded 
in quieting the lower orders, not by tending out Justice, biit by 
driving into the minds of the apprentices here, an absolute dread 
to come close him. 

Your petitioner has personally seen the most dreadful and 
heart-rending lacerations for the most petty offences; your 
pc4itioner now and and then visits his Courts on Tuesdays, and 
wlien he does so, invariably takes the abolition law with him, 
and it was only 3 weeks since, that j'^our petitioner instanced a 
direct violation of the law, in Mr. White's sentencing an accused 
apprentice, to a greater number of stripes, than the law for 
the offence empowered him to do, at which time, your petitioner 
got up, and shewed the very law to two or three individuals then 
present ; at the time that your petitioner is now writing, your 
petitioner's apprentice remains confined in irons, and at hard 
labour, for no offence, but for having faithfully obeyed the orders 
of his mistress; so gross has been the malice and oppression of 
Mr. White, that your petitioner considers himself in personal 
dano-er, and most humbly prays your Excellency's immediate 
interference, for all of which your petitioner will ever pray. 



HENRY STERNE. 



Buff Bay, 
Monday, January 19, 18'? 5. 



33 



SIR, 

I take leave to forward to your care a petition of mine, 
addressed to His Excellency, the Marquis of Sligo, Governor of 
this Island, which petition, I hmnhly urge may nut be delayed, 
as the subject matter tbereof, is urgent to be redressed. 

It is my wishand desire, that such petition may be forwarded 
home to the Colonial Office, along with the charges already 
referred by me, to His Excellency, through my solicitor, Mr, 
Harvey, against Mr. Gustos Bell. 

I have the honor to be, 
Sir, 
Your most obedient humble Servant, 

HENRY STERNE, 

Buff Bay, 19th January, 1835, 

To W. G. Nunes, Esq., Secretary, 

Kino-'s House. 



The King's House, 

January 25, 1835. 
SIR, 
It was not in my power to attend yesterday, to your note of 
that morning, wishing for an interview on the subject of the 
papers of Mr. Sterne, which you forwarded, to be laid before 
his Excellency the Governor. 

To avoid the chance of any mistake or misapprehension, 
which all conversations are liable to; you will oblige me by 
stating in writing, whatever you may wish further to communicate 
on that matter. If it is Mr. Sterne's desire that his representation 
relative to the Gustos of the parish of Saint George, should be 
transmitted to the Colonial Office, his Excellency will do so, 
accompanying it with such remarks as he may think the merits 
of the case deserve ; as to the present complaint against Mr. 
White, before making any reference to the Secretary of State, 
His Excellency will investigate the circumstances detailed by 
Mr. Sterne, and send the result, with Mr. Sterne's account, for 
the purpose, of the whole transaction appearing in such a state, 
as to require no further reference to Jamaica, for the Colonial 
Secretary to form his conclusions. 

I am Sir, 
Your obedient Servant, 

W. G. NUNES, Secretary- 
To Charles Harvey. Esq, 

K 



34 



Spanish Town, 

January 29, 1835 = 
SIR, 

My absence from town for the last tliree days, prevented 
my giving earlier attention to your letter on the subject of the 
papers of Mr. Sterne, forwarded to be laid before His Excellency 
the Governor. 

I am now to avail myself of the opportunity, afforded by 
addressing this communication in reply ; as regards the accu- 
sations preferred by Mr, Sterne against the Gustos of the parish 
of Saint George, I had not consented to be the organ of com- 
munication, until I had cautioned Mr. Sterne on the unfairness 
of seeking to impugn the motives or conduct of a Magistrate, or 
of any individual, without such a reasonable cause of grievance, 
as would justify an appeal to his Excellency, and without also 
having evidence to adduce, to substantiate the statements of the 
case ; to those suggestions, I am informed that, Mr. Sterne was 
compelled to that proceeding, by a series of acts of secret 
hostility on the part of the Gustos, in which his Honor being 
ignorant of, or under misconception of certain facts not brought 
judicially under his cognizance, had evinced his aid and j)arti- 
ality in a question of right, to a degree subversive of the 
principles of Justice and of non-intervention, which become his 
judicial rank, and that therefore Mr. Sterne in preferring his 
complaint, had desired no more than that a strict investigation 
should be had, in the course of which, he would be prepared to 
bring forward the requisite proof. The controversy to which as 
Mr. Sterne alledges the Gustos gave his aid, originated in certain 
offensive and illegal proceedings, adopted on the part of the 
proprietrix of a house and premises occupied by Mr. Sterne, on 
a tenure for years, the object of the Lady being to compel Mr. 
Sterne to surrender his residence, in order to gratify her un- 
reasonable desire to resume her possession before the termination 
of the lease. Having no other place for the accommodation of 
his family, and being anxious to protect his paramount right, 
Mr. Sterne on the occasion of a specific act of trespass, had 
recourse by application to the Gustos, in his character as a 
Magistrate, to restrain the party committing the offence. The 
nature and object of that application, made on the oath of a 
party complainant, in a judicial form, and before a Magistrate, 
and in a matter of grievance requiring redress j and the alledged 
evasion by his Honor the Gustos, of what Mr. Sterne humbly 
conceived, to have been the duty of that Gentleman, as a Magis- 
trate, being already detailed In the documents laid before His 
Excellency, it is unnecessary for me to recur to the facts. In 
obeying Mr. Sterne's directions, I anticipated equally with 
himself, that the complaint would be referred for local Magistra- 



36 



tiou, and that according to the result, His Honor the Gustos 
would be reminded of one of the most sacred prmciples of 
judicature, not to place his varying opinions against the estab- 
lished rules of the law, and that Mr. Sterne if in fault, would 
himself, be exposed to the obloquy and danger, which an 
unfounded accusation would merit. 

It was therefore not without regret, that after the receipt 
of your letter which intimated the result of the expected 
investigation, and the conclusion which I am led to infer. His 
Excellency had arrived, namely that the accusations of Mr. Sterne 
against the Gustos of Saint George, were " totally unfounded 
and frivolous J "* a conclusion, which I had hoped, had set the 
matter at rest; I received a communication from Mr. Sterne, 
conveying in calm, yet resolute terms, Ms disbelief that the 
supposed investigation had been had, and consequently referring 
to my professional advice, whether a remonstrance should not be 
made, on the epithets " unfounded and frivolous,''^ afiixed to 
your letter. 

To my enquiries I am assured, that nothing in the shape of 
an investigation, or enquiry into the merits of the case, had 
taken place in the parisli of Saint George, that Mr. Sterne had 
reason to know that the Gustos had not been out of the 
parish since the 1st of December; that Mr. Sterne being 
acquainted with every magistrate then residing in his neighbour- 
hood, and also the clerk of the peace, bad facilities of learning 
whether an investigation had actually taken place, and that the 
only investigation, if such it could be called, was a communica- 
tion from you to the Gustos, transmitting to him the charges pre- 
ferred, and which His Honor had merely returned to you with a 
short letter of reply. On learning the result, I did not at first 
think it requisite to advise any further enquiry into the matter, 
believing that an object bad been gained by the fact of a com^ 
munication that had been made, which might tend to prevent 
the recurrence of irregularity. 

The interval however of a very few days, during which a 
Mr. Sterne has reason to believe, the fate of his appeal had 
been communicated by the Gustos, created a revulsion of feeling 
on the part of tbe local magistracy, which not being satisfied 
with private ebullition, has openly shewn itself by instances of 
personal insult, from some of the magistrates at least, towards 
Mr. Sterne, while acting in their judicial character in court. 

The result since the supposed investigation has been as 
Mr, Sterne believes, a determination on their part to evade their 
judicial duty by opposing their resentment in every matter 
wherein he is concerned; (should Mr. Sterne^ require Us pro- 



36 



tection, the law is not conceded to him. His property is 
consequently exposed to insecurity, his lawful occupations are 
disturbed, his industry has been fettered, his pursuits perplexed, 
and why, because that for the exposure of injustice, and for the 
sake of truth, Mr. Sterne has preferred charges against an in- 
dividual more poiverful than himself in point of wealth; if these 
things be permitted, Mr. Sterne can arrive as I submit, can 
any reasonable man, but to those conclusions, that in the ju- 
risdiction and locality in which Mr. Sterne has his residence, 
the stream, of justice is reserved for the parasites of the few, that 
a mere formal reply, perhaps evasive in itself to charges of a 
serious and public nature, preferred against a public fanctionary 
and offered to be substantiated on oath is by acceptation termed 
an investigation, that because an individual complained against 
is possessed of influence and wealth, his mere assertion should be 
taken, in answer to charges seriously preferred, or finally (for 
Mr. Sterne can but come to this painful conclusion) that Mr. 
Sterne is not of the ^^ consumer enatV^ who alone are entitled 
to any consideration in that part of the colony. 

Under these circumstances and to quiet any doubts which 
exist in this matter of a public wrong, I am humbly to submit to 
the consideration of his Excellency the Governor, the request of 
Mr, Sterne, that his Excellency will be pleased to issue a 
special commission directed to any three of his majesty's justices 
for the parish of Saint George, (not being resident in the neigh- 
bourhood of Buff Bay) to investigate into the charges against his 
honor the Gustos, with power to call parties before them and^o 
examine witnesses on oath, and to report their opinion and the 
examination in writing, to be laid before his Excellency; and in 
case his Excellency should consider the charges substantiated, 
or that other reasonable cause should exist, then Mr. Sterne 
requests that his representation, together with the report, or the 
desired investigation before the local magistracy, be transmitted 
to the Secretary of State for the Colonies, accompanied by such 
remarks as his Excellency may think tbe merits of the c ase 
deserve; I suggest the expediency of a local enquiry in the 
first place, as being the more regular and impartial proceeding ; 
and in case, upon solemn investigation, the accusations should 
eventually be found ^'frivolous and vexatious^^ then the vex- 
ations will be equally exposed, and the alternative of a further 
appeal will be rendered unnecessary; 

With respect to the complaint against Mr. Justice White, 
Mr, Sterne I am instructed, will be well satisfied to await his 
Excellency's investigation into the circumstances detailed in his 
representation against Mr. White, already transmitted to His 
Excellency. 



37 



As an enquiry however into trie motives \vliicli prompted 
that gentleman's hostility, is collaterally incident to the matter, 
it may be right to have in view whether Mr. AVhite's judicial 
authority is limited, to the duties under the Act for the abolition 
of Slavery, or extends also to the general commission of the 
peace, In either case, 1 am autliorised to say, that whatever 
be the cause, tLe display of tliat anthority, as against Mr. 
Sterne, has, exclusive of the personal violence detailed in the 
representation transmitted, been productive of an act of oppres- 
sion, extending to the caption and sale of his property, under 
circmnstances which remain to be investigated in tke court of 
law, and which at any rate, have wrought an immediate publick 
injury, by the closing up the wharf at Buff Bay, and preventing 
the lawful occupation of an industrious member of society. 
1 have the honor to be, &.c. 

CHARLES HARVEY. 
To \A'. G. Nunes, Esq. 

Secretary, King's House. 

The following affidavit of Mr. Sterne's was sent with this letter. 



Samaua, ^&. f 
3Jn tin Supreme (Boxivt.y 

Lemasney^ qui Pam^ v. Sterne, Henry. 
In a matter of an application for a writ of Certiorari. 

HENRY STERNE, of the parish of Saint George, in the 
Island aforesaid, Wharfinger, being duly sworn, maketh oath 
and saith, that on or about the 6tli day of January instant, after 
sunset of the same day, this deponent being then as now, and 
for some time past. Lessee and W harfinger of a certain wharf, 
called Kildare wharf, situated at Buff Bay, in the parish of St 
George, in this Island, received from one M. F. G. Lemasney, 
the overseer of Kildare Estate, in the same parish, a note or 
requisition in writing, to the following effect, that is to say, 

Mr. Sterne^ 

Sir. 
You will oblige vie by sending per bearer, the weights of 
the sugars last shipped from this Estate. 

lam, Sir, 

Your obedient Servant^ 

M. F. G. Lemasney. 
Kildare, January 9, 1835. 



38 



And this deponent lurther saith, that Kildare Estate being 
situated in the immediate neighbourhood of deponent's wharf, 
and the sugars last before shipped from the Estate, as well as 
all other produce shipped, having been shipped according to 
invariable custom, under the personal direction of the overseer 
or party shipping the same, without any requisition being made 
to have the sugars weighed, and without the sugars being- 
weighed at the wharf, all which circumstances as deponent saith 
were sufficiently known to Mr. Lemasney, and were by him and 
all other shippers, tacitly approved and recognized as matters of 
reciprocal convenience and custom, and deponent being conse- 
quently unable to furnish the weights, and not understanding 
the object intended by such postponed requisition, this deponent 
returned a verbal message by the bearer, that the deponent 
would give an answer on the following morning, when deponent 
expected to see Mr. Lemasney on otlier business. 

And this deponent saith, that on Thursday, the 8th day of 
January instant, this deponent being unable to furnish the weights 
of the sugars, was visited by a constable of the parish of Saint 
George, who read to this deponent, a certain document or 
warrant which he held in his hand, purporting to narrate a com- 
plaint on the oath of the said M. F. G. Lemasney, made before 
one Robert Baugh Esq., therein designed one of His Majesty's 
Justices of the Peace for the parish of Saint George, against 
this deponent, by his name and addition of Wharfinger at Buff 
Bay, for having refused to give to the said M. F. G. Lemasney 
the weights of certain hogsheads of sugars sent to the said wharf 
by him to be shipped, whereupon this deponent was verbally re- 
quired by the constable but without deponent being served with 
a copy of the warrant to appear before the said Robert Baugh, 
and Roger Swire and Frederick White, two of the Justices for 
the parish aforesaid at the Court House Buff Bay on Saturday 
the 10th day of January instant, to answer to the said information 
and complaint, as by a true copy of the said warrant hereunto 
annexed, certified by the deputy clerk of the peace of the parish 
of Saint George, to which deponent craves to refer, more fully 
appears. 

And this deponent further saith, that in obedience to the 
said warrant and notice, this deponent attended at the Court 
House at Buff Bay, on Saturday, the day appointed by the 
warrant, about the hours 1 1 o'clock at noon, when the said com- 
plaint came on to be heai'd, the said Robert Baugh, and his 
associates, Roger Swire and Frederic White, the justices 
aforesaid being there sitting in judgment, the said Robert Baugh 
being the magistrate presiding, and attended by Robert Dunbar, 
the deputy clerk of the peace, and Mr. Lemasney the informant, 



39 



being also present to give evidence in the'ruatter of the complaint. 

And this deponent saith^tliat the matter of the complaint 
being called, and deponent having fur the first time, obtained a 
copy of the waiTant Avhich informed him, that the complaint was 
for certain penalties under the wharfage law, this deponent 
urged by way of demurrer, that the charge brought against this 
deponent was not an offence, or if so, at least it was not an 
offence of which the Justices had cognizance under the law, an 
argument which deponent offered to support^ by the opinion in 
writing of eminent counsel, in special relation to the wharfage 
law, which deponent had then in his hands, to which Mr. Justice 
Swire, who seemed to deponent to jirompt to the Court the form 
of proceeding, replied that on reference to the third section of 
the act, (meaning the general wharfage act) he was satisfied on 
the point that the Court had full authority to proceed, that 
their own opinion, (meaning the opinion of the Court,) was 
better than counsel's, and Mr. Justice Sv/ire having read out 
the last clause of the act, and addressing himself to deponent, 
remarked under some feelings of excitement, you must not 
presume to dictate to the Court, there is no appeal for you, we 
have it in our own hands; and in consequence, deponent's 
demurrer to the jurisdiction of the magistrates was overruled. 

And this deponent saith, that Mr. Lemasney being sworn, 
and called to give evidence, stated on his oath, that he had 
written to deponent, requiring the weights of the sugars last 
shipped from Kildare Estate, that he had not heard from de- 
ponent, nor received the weights ; and this deponent saith, that 
he, this deponent, having urged in his defence, that no legal 
application from Mr. Lemasney had been made, this deponent 
submitting to the magistrates, that the note which he had 
received, being for the particulars of the weights of sugars, 
which had been shipped with the express approbation and know- 
ledge of the informant, and without being weighed at the wharf, 
and which at the time of the requisition for the weights, it was 
physically impossible for deponent to weigh : the aforesaid note 
received from Mr. Lemasney, in conjunction with his evidence, 
that he had not received the weights, was held conclusive by the 
justices as against this deponent, whereupon the justices pro- 
ceeding to determine, found that this deponent had incurred a 
penalty, under the act of the legislature of the Island, entitled 
" For the general regulation of wharfage and storage," and 
the justices thereupon ordered this deponent immediately to pay 
the sum of £25. current money of Jamaica, and £5., the costs 
of the prosecution, for which sums accordingly, a warrant 
of distress under the hands and seals of the said justices, was 
immediately issued against this deponent, Avith directions in 



40 



default of payment, to levy by distresSj and sale of tlie goods 
and chattels of tliis deponent, tlie sum of £30. current money 
of tlie Island, with the costs attending the same, as by a copy 
of the said v.^arrant, obtained by this deponent from the con- 
stable to whom has been entrusted the execution thereof, here- 
unto annexed, and to which deponent craves leave to refer, 
more fully appears. 

And this deponent further saith, that during the hearing of 
the complaint as aforesaid, and of this deponent's defence, the 
facts adduced in evidence by this deponent, and supported by 
the testimony of the informant himself, that the note last before 
mentioned, was the first application of the kind which liad been 
made ; that the invariable custom of planters and shippers was, 
not to weigh sugars, or require them to be weighed at the wharf 
that the Kildare sugars especially, were always kept under the 
personal controul of Mr. Lemasney the informant, and were 
stored at his special request, in a separate building adjoining 
the wharf, not being the safety stores of the wharf; that Mr. 
Lemasney had himself interfered with the regulations of the 
wharf, by not delivering the sugars in tlie wharf stores ; that a 
receipt had been given for the sugars, which was all that was 
originally required; and moreover, that under the construction 
of the law, this deponent, protected by the general custom of 
wharfingers, was not bound to weigh sugars shipped from his 
wharf, without being thereunto specially required, were severally 
rejected by the magistrates as inconclusive, and insufficient to 
protect this deponent against the penal operation of the law; 
Mr. Justice White for himself, simply enquiring of this depon- 
ent, have you weighed the sugars? and forming his opinion, as 
deponent believes, from the fact that the sugars were not 
weighed. 

And this deponent saith, that during this deponent's aro-u- 
ment, that the substantive matter of complaint against deponent 
for refusing to give weights, was not within the cognisance of the 
justices, and that the omission of the party informant himself, 
in never requiring the sugars to be weighed, was sufficient in 
law, to protect this deponent from, the general operation of the 
act- the justices presiding expressing their reluctance to listen 
to the defence, frequently interrupted deponent in his argument 
and continually rose up, first one and then another, from their 
seats on the bench; Mr. Justice Swire in particular, impatiently 
remarking, " come let us fine him, and have done with it" and 
also remarking, to deponent's suggestion that the Court should 
hear out pa'iently his defence, " it is all nonsense, we want to 
know what you are aiming at, when the case is already proved." 

And this deponent saith, that the justices being resolved tif 



41 



conclude, gave directions to their clerk to fine this deponent, 
whereupon, the clerk enquiring the amount of the fine, Mr. 
Justice Baugh remarked, there is the law, fine him to the 
full extent of it, to which Mr, Swire observing that the fine 
might be either £5. or £53., it was ultimately fixed at £25., 
with the costs of prosecution, a decision to which the three 
justices aforesaid assented; and in consequence, the warrant 
herein before mentioned was issued against this defendant, for 
the amount of the said penalty and costs. 

And this deponent saith, that on Monday, the 12th day of 
January instant, this deponent was visited at his residence by a 
constable, who, producing to deponent the original warrant 
which this deponent saw was filled up for a levy of £25. with the 
costs, enquired of deponent what he intended to do, whereupon 
deponent remarking that he was not prepared to pay, and be- 
sides, that the constable cou.ld not levy for costs ; the constable 
pleading his directions from Mr. Lemasney to make an immedi- 
ate levy, and lose no time, and against this deponent's request 
for delay, at least until the following dayj proceeded to execute 
the warrant, by a levy, and aqcordingly levied on deponent's 
furniture to the value, in the whole of £48. or thereabout, and 
which furniture, has only been permitted to remain in the custody 
of deponent, on his personal guarantee to deliver it up on 
Tuesday next, the 20th instant, the day advertised by the 
constable for a sale, under the said warrant of distress, and on 
which last before-mentioned day, the same as deponent saith he 
verily believes the furniture is intended to be sold. 

And this deponent saith, he verily believes that the con- 
duct of the said M. F. G. Lemasney, in laying information and 
complaint as aforesaid against this deponent, and throughout 
the proceeding, was instigated by some vindictive or malicious 
feeling against this deponent, and to which this deponent, in his 
conscience believes, the justices gave their aid, with the inten- 
tion of Injuring and oppressing this deponent ; and not as 
deponent believes, from motives of policy or justice prompted for 
the public good ; and this deponent saith^ that being so advised^ 
he verily believes that the said proceedings were irregular and 
illegal, and that the authority of the justices was prostituted to 
purposes of oppression^ as against this deponent ^ under color of 
the law. 

And this deponent saith, he humbly submits, being so 
advised, that he is entitled to a remedy for the injury which he 
has received, by means of the said information and warrant, 
and proceedings of distress thereunder. This deponent there- 
fore humbly prays, that a writ of certiorari may be forthwith 



42 



' issued under the seal of this Honourable Court, directed to the 
said Robert Saugh, Roger Swire, and Frederic White, the 
justices aforesaid, to the clerk of th^ peace for the parish of 
Saint George, or his deputy, for the removal of tlie record of 
the said proceedings and warrant into this Honourable Court. 

So help me God, 
HENRY STERNE. 
Sworn before me, this 16th day of January, 1835, 
JOHN WEPPLER.' 

(By commission.) 



To His Excellency the Most Noble the Marquis of Sligo, 
Governor of Jamaica, &iC. &,c. 

May it please Your Excellency, 

Your petitioner most humbly approaches your 
Excellency for your support and protection — 

In consequence of your Excellency's non-interference with 
your petitioner's petition already sent forward, your 'petitioner is 
in a manner ruined — all his prospects in this part of the Colony 
are blasted — his property under color of the law is wrenched 
from him — his business is totally destroyed-^he has been com- 
pelled to surrender up his wharf to another — his outstanding 
debts he is unable to collect in consequence of the injustice of the 
Magistracy, 

Your petitioner went this morning to the court house, 
amongst others, to apply for magisterial aid under the new petty 
debt act, when your petitioner was singled out from others, by 
Mr. Special Justice White, who was not at the time sitting in his 
judicial capacity, but parading the court house, and in conver- 
sation with two other gentlemen, and orders were given by him 
to the constable to force your petitioner out of court, notwith- 
standing your petitioner urged that he attended there to meet 
the Magistrates in special sessions on business, Mr. White in- 
sisted and made the constable, Mr. Edward C. Burgess, lay 
violent hands upon your petitioner and force him out of court, 
at the same time boasting that he had your Excellency's own 
positive instructions so to do. 

Your petitioner on being forced out, sent in the accompany- 
ing document by the constable, requiring Mr. W'hite to sign it 
in his capacity as a magistrate, under the petty debt act, but Mr. 
White refused to attend to it, and it was returned to your pe- 
titioner unheeded. Thus your Excellency will perceive that 
your petitioner has neither the protection of the law either for 
his person or property .^ 



43 



Your petitioner humbly leaves hi« case in your Excellency'*- 
hands, and will as in duty bound for ever pray. 

Buff Bay, HENRY STERNE, 

Tuesday, 3rd February, 1835. 



Sir, 

I again take leave to forward to your care a 
further petition of mine addressed to His Excellency the Marquis 
of Sligo, Governor of this Island, which petition I earnestly 
intreat may not be unheeded, as inevitable ruin must be the 
result to both myself and family. 

It is my wish and desire that such petition may be forthwith 
forwarded home, along with the former, and other papers to the 
Colonial Office. 

I have the honor to be, Sir, 
To Your most obedient humble Servant, 

W. G. Nunes, Esq. Secretary, HENRY STERNE. 

King's House. Buff Bay, February 3, 1835 



[1817] The King's House, 7th February, 1835, 

Sir, 

In reply to your memorial which accompanied 
a letter, bearing date 3rd, instant, in which you complain of non- 
interference with your petition, it is proper to correct such a 
mistatement. 

What you have urged against Mr. Gustos Bell, in the first 
instance, was inquired into, and the result communicated. With 
"♦his you were dissatisfied, and on a recent occasion, after making 
a further representation, it was signified by your solicitor, to be 
your wish, that the whole should be forwarded to England. 

The papers relative to Mr. Bell are in preparation for such 
purpose accordingly, and will go by the first mail. 

I am however to acquaint you, that His Excellency does 
not consider it necessary to forward your complaint against Mr. 
White, no reference being now necessary as regards any alleged 
impropriety of conduct, that gentleman being no longer in the 
magistracy. 

I am, Sir, 

Your obedient Servant, 

W. G. NUNES, Secretary. 

P.S. You will be pleased to understand, that if it be still 
your wish that your statement should be forwarded to the 



44 



Colonial Department, as relates to Mr. VVhite, His Excellency 
will of course attend to it. 

W. G. NUNES, Secretary. 
To Mr. Henry Sterne, 

Buff Bay, St. George's. 



To W. G. Nunes, Esquire, 
SIR, 

Your letter from the " King's House," dated the 7th 
instant, I duly received, and now take leave to reply. 

My allusion in my petition of the 3rd instant, to the *^ non- 
interference^^ of His Excellency with my former petition, and 
statement of charges against Mr. Gustos Bell, I conceived to 
be correct, as circumstances led me to conclude it had passed 
unnoticed, for I found myself daily insulted by the very Magis- 
trate I had memorialised against; I was therefore naturally 
prompted, to point out the evil arising from such seeming- 
noninterference, so as to arouse His Excellency's earnest 
consideration on my behalf. 

I respectfully beg to offer some remarks as to that part of 
your favor before me, wherein you state " what you have urged 
against Mr. Gustos Bell in the first instance, was enquired into, 
and the result communicated," On reference to your letter of 
the 12th December last, to my solicitor, Mr. Harvey, you 
therein declared, that the statement made by me, " having been 
investigated under the direetioyi of His Excellency the Governor, 
was totally unfounded and frivolous y" it is of this, that 
I feel the want of attention to my case; because ray statement 
laid before His Excellency the Governor, being under the 
sanctity of an oath, I consider of itself, sufficient to demand 
other explanation, than the mere ipsidixit reply of the Hon. 
Mr. Bell's; had an investigation taken place, as is asserted in 
your letter of the 12th December, I am convinced that sufficient 
truths would have appeared, which would have been the means 
of convincing His Excellency, that my allegations were not 
'* totally unfounded and frivolous.'" 

Your favor of the 7th instant, infox-ms me that my complaint 
against that gentleman was enquired into, and with which I 
was dissatisfied; this is certainly strictly correct ; I am dissatis- 
fied, because I cannot tacitly submit to ray oath being laid aside, 
and a mere formal reply of Mr. Bell's taken in opposition 
thereto. 

Again, I must respectfully observe, that ray solicitor's 
letter on my behalf does not signify it to be ray wish, ^' that the 



45 



whole of my petitions sliould be at once forwarded to England," 
but be therein states it to be my desire, that a " strict investi- 
gation should be first had, in the course of which, I (he) will be 
prepared to bring forward the requisite proof." 

To avoid any further misunderstanding as to the object 
required by me, I respectfully beg leave to submit to His Excel- 
lency's consideration, my desire, that His Excellency will be 
pleased to issue a special commission, directed to any three of 
His Majesty's justices for this parish, (not being resident at 
Buff Bay,) to investigate into the charges against His Honor the 
Custos, with power to call parties before them, and to examine 
witnesses on oath, and to report their opinion, and the exam- 
ination in writing to His Excellency, the result will then carry 
with it the truth of ray complaint, or the falsity of the same ; 
in failure of this my humble desire being granted to me, then it 
is my wish, that the whole of my petitions and charges touching 
the Honourable Mr. Bell, be forwarded to England by the first 
mail, with copies of your communication to me and my solicitor, 
, and our respective replies thereto. 

As regards my complaint against the splenetic and oppres" 
sive conduct of Mr. White, it is my msh, as that gentleman has 
met his reward, that my memorials should be delayed till His 
Excellency's determination is known to me, as to my complaint 
against Mr. Bell. If I am compelled to the remedy of forivard- 
ing the charges made by me against Mr. Custos Bell home to the 
Secretary of State for the Colonies^ then I should wish my two 
representations against Mr. White to be also forwarded^ as it 
will be the means of exposing his conduct, and the oppression I 
have suffered, all of which I lay at the Custos's hands, he being 
the origin of the same, and chief Magistrate of the parish, 
I have the honor to remain, Sir, 

Your most obedient humble servant, 

Buff Bay, HENRY STERNE. 

10th February, 1835. 

[1319] The King's House, 7th February, 1835. 

Sir, 

With reference to your letter of the 29th ult, 
and the several documents respecting Mr. Sterne's complaint 
against Mr. Custos Bell, and Mr. Justice White, I beg to ac- 
quaint you that I have, by His Excellency's commands, commu- 
nicated direct with Mr. Sterne on the subject. 

I am, Sir, 
Your obedient Servant, 
To Charles Harvey, Esq, W. G. NUNES, Secrety. 



46 



[1451] The King's House, 20 February, 1835, 

Sir, 

In reply to your letter of lOtli February, (re- 
ceived two days ago), which has been submitted to His Excel- 
lency the Governor, I am to acquaint you that your complaints 
against Mr. Gustos Bell have been sent home already by the last 
packet. I am, Sir, 

Mr. Henry Sterne, Your obedient servant, 

BufF Bay. W. G. NUNES, Secretary. 



To the Right Honorable the Earl of Aberdeen. 

My Lord, 

I take leave most respectfully to approach 
jour Lordship, on a subject matter of great importance to my- 
self and to many others, who are anxiously awaiting the result 
of my application. 

The enclosures, My Lord, from No. 1 to 14, are copies of 
sundry correspondence between myself and His Excellency the 
Marquis of Sligo, Governor of this Island, &c. From them your 
Lordship will learn that I have applied to liis Excellency for 
a redress of grievances of serious tendency, which I have re- 
ceived through the Honourable Jolm Bell, the chief Magistrate 
for the Parish of Saint George in this Island, but that I have 
appealed in vain. 

It is clear to be seen, that from His Excellency's not 
taking my first appeal into consideration, I have suffered and 
been oppressed most seriously, and as it appears from No. 14, 
the last communication I received, that the charges preferred by 
me against Mr. Gustos Bell, had alone been sent to your 
Lordship, I have thought it advisable to draw up a copy of the 
whole correspondence and to forward the same to your Lordship, 
so that your Lordship may at once be in possession of the whole 
facts. I have most humbly to solicit your Lordship's gracious 
interference. Mr. Gustos Bell has most g-rossly violated his duty 
in his magisterial capacity, and set at nought the laws of the 
land, and I most humbly intreat that your Lordship will 
direct that the prayer of ray petition, as addressed to His 
Excellency the Governor here, may be attended to, viz. that a 
special commission, of any three Magisirates for the parish of 
Saint George, be appointed to investigate into the charges, 
preferred by me against the Gustos, and to report the same 
accordingly, so that he may receive that censure from your 
Lordship, which his unjust conduct deserves, and which will no 
doubt tend to much public good. 



Your Lor<iship, will I hope, pai-Jon the liberty I have taken 
and the trouble I may cause your Lordship ; I have thought it more 
advisable to address your Lordship direct upon the subject, 
than any of my personal Iriends in England, leaving the matter 
therefore in your Lordship's hands, 

I have the honor to subscribe myself. 
Your Lordship's most obedient humble Servant, 
HENRY STERNE, 
Buff Bay, Saint George's, Jamaica, 

To the Wednesday, March 4, 18S5. 

Right Hon, the Earl of Aberdeen, 

Colonial Office, Downing Street, London. 



[2995] The King's House, May, 18S5. 

Sir, 

The accompanying dispatch and enclosures, 
having been received from the Colonial Office, I forward them 
by the direction of His Excellency the Governor for your perusal 
and guidance, after which you will return them to me. 

I am Sir, 

To Mr. Henry Sterne, Your obedient Servant, 

BufF Bay. W. G. NUNES, Secretary, 



{;>4890] Downing Street, April 8, 1835 

My Lord, 

A communication dated the 4th March last 
has been received at this department from Mr. Henry Sterne 
but not having been transmitted through the Governor of the 
Colony, according to the existing regulations, I am to request 
that you will forward to him, the enclosed copy of these regula- 
tions for his information, and request him to conform to them, 
in such steps as he may think it necessary to take, for bringing 
the subject of his letter under the consideration of this depart- 
ment. 

I have the honor to be, my Lord, 
Your most obedient hnmble Servant^, 
To the ABERDEEN. 

Marquis of Sligo. 



48 



[4890] Downing Street, April 20, 1230. 

Sir, 

Mucli inconvenience lias arisen from the 
transmission of representations to this department, by subordi- 
nate officers, or private individuals in the colonies, without the 
intervention of the respective Governors; such representations 
must often necessarily be returned to the colonies from which 
they have come, in order that His Majesty's government may be 
furnished with the reports of the Governors upon them, or such 
explanations as it may be requisite to have, for the full under- 
standing of the case; this occasions delay in sending answers to 
the parties mating the representations, and is often otherwise 
prejudicial, both to their objects, and to the public service. 

I have therefore to request that you will take such measures 
as may appear to you the most effectual, for making it generally 
known in the colony under your government, that, unless in 
cases where some especial and sufficient reason, can be assigned 
for a contrary course, the Secretary of State will be under the 
necessity of declining to entertain the subject of any represen- 
tation, which shall not have been previously submitted for the 
consideration of the Governor. 

I have the honor to be, my Lord, 
Your most obedient humble Servant, 
To the G. MURRAY. 

Earl of Belmore. 



Downing Street, January 30, 1831, 
My Lord, 

Circumstances have recently brought under 
my consideration, the circular dispatch which was addressed 
to your Lordship by my predecessor, on the 21st of April last, 
with a view to prevent the delay in the dispatch of business, 
occasioned by the practice which had prevailed with subordinate 
officers or private individuals in the colonies, of transmittiug 
communications directly to this department, without previously 
submitting them for the consideration of the Governors, 

My predecessor informed your Lordship that in such cases 
it often became necessary to return the communications to the 
colony for the report or explanations of the Governor, and that 
the decisions upon the cases, and the answers to the parties, 
were thus retarded and prejudice was occasioned to the objects 
which they had in view, as well as to the public service. 

It is especially necessary that the regular channel for 



49 



transmitting letters, sliould be adlicred to, or copies ot tlieiu, 
previously communicated to the Governor, when the object oi 
the writers, is to appeal to His Majesty or to the Secretary of 
State, against any proceedings of the Colonial Authorities, since 
it would of course be impossible to form any opinion upon such 
a subject, unless those authorities should have had ample o^jpor- 
tunity of explaining the views by which they had been actuated. 

As however these instructions from my predecessor appear 
to have been misapprehended in some Colonies, 1 have received 
the King's commands to appi-ize you that it was not intended to 
prevent any of His Majesty's subjects from sending memorials or 
letters to His Majesty, or to the Secretary of State, through any 
medium, other than that of the Governor, provided copies are 
previously communicated to him, it being fully understood^ that 
if this is neglected, no steps will be taken upon them, without 
that delay, which, unless in very particular cases, must ensue 
in the answer to be returned, owing to the necessity of refer- 
ring the matter to the Governor, for his report upon it, 

I have the honour to be, &c. 
To the GODERICH. 

Earl of Belmore. 



[4890] Downing Street, ITth November, 183L 

Sir, 

The daily inconvenience and perplexity to 
which tliis department is subjected, by the delay which is un- 
avoidably occasioned in attending to the questions which are 
brought before it, by the prevalence of a method of addressing 
communications to the Secretary of State, either, not in con- 
formity with the regulations laid down in the circular despatches 
from this office of 20th April 1830, and 30th January last, or if 
in nominal conformity with them, so contrived, as to defeat their 
obvious intentions, obliges me to recur to the subject, and to re- 
quest that you will give publicity to the following" remarks, for 
the guidance of those concerned. 

It is by nomeans my desire topredude or even to discourage 
the free resort of all His Majesty's subjects, to the highest autho- 
rity in the state, for the redress of any grievances under which 
they may deem themselves to labour, provided they pursue the 
course of communication which justice and fairness to all parties 
concerned, as well as convenience and regularity in the despatch 
of public business, rendered it necessary to prescribe 

The Governors of His Majesty'' s Colonies are the authorities 
G 



50 



to which any of His Majesti/s subjects ^hpincj in ihosc. Colonies.^ 
should have recourse, in the fir^t instance , for the correction of any- 
evils under which they m,ay canceive themselves to suffer. If the 
Governors are merely inade the Kaedium for transmitting- docu - 
luents to tlie Secretary of State, their only important functions, 
and the practical utility of their of&ces, are altogether super- 
ceded. It is their duty to receive, with attention, all represen- 
tations properly and respectfully addressed to them, and to take 
such decisions upon them, as may appear to the best of their 
judgment to be just ; or if the matter be from its nature, or 
from its importance, such as they do not feel themselves autho- 
rized to decide upon, to refer it with their opinion and report, 
to the Secretary of State. If on the other hand, although they 
feel themselves wai-ranted in proceeding- to a decision on their 
judgmen, their decision is not satisfactory to the parties 
concerned, it is their duty to receive the remonstances which 
shall be respectfully addressed to them by those parties, and if 
requested to do so, to transmit them to this office, always however 
accompanied by their opinion and report. If the parties should 
be desirous for additional security, to transmit to this office 
duplicates of the communications which they have made to 
the Governor, they are of course at liberty to do so, though it 
would seem to be a superfluous precaution, and one which is 
not unattended with inconvenience. But they should understand 
that the subject of such duplicate papers will not be taken ifito 
consideration, until the originals -shall have been received from 
the Governor, accompanied by his report, or until such a period 
of time shall have elapsed, as shall have afforded to the Governor 
an ample opportunity of considering and transmitting them. It 
must also be understood, that should the letters transmitting the 
duplicates, contain any comments upon the subject matter of 
them, or any thin^ beyond a list of the papers enclosed, it will 
be necessary with whatever reluctance, to delay the consideration 
of the whole, until the additional matter shall have been referred 
back to the Governor for his report. 

The method which, since my circular despatch of SOth 
January last, has been frequently adopted by memorialists to 
the Government, of addressing their memorials direct to this 
office, and only sending copies of them to the Governor on the 
eve of the departure of the packet, is obviously calculated, if it 
were permitted to have any effect, to preclude the Governor's 
exercise of his proper functions. There can be no occasion to 
make any reference to the Secretary of State, until it shall have 
been ascertained that the Governor is unable, or umvilling, or 
slow to take the measures desired by the memorialists, as to 
forward, if necessary their representations. 

At the same time that you give publicity to this despatch, 



51 



you will be pleased to republish my circular despatch of 30th 
January. Both these communications have been suggested, by 
an earnest desire to establish the most effectual and expeditious 
means, of doing justice to all parties who may seek it from His 
Majesty's Government. 

I have &c. 

To the Earl of Delmore. GODERICH. 



To W. G. Nunes, Esq. 



Sir, 



Yours dated from the King's House in May, 
but bearing the Spanish Town post mark, of 6th June, reached 
my hands on Sunday the 7th a heavy press of business prevented 
my replying thereto by last post ; but I now take the earliest 
opportunity of doing so. Regarding the despatch received by 
His Excellency from the Colonial Department in reference to 
ray communication to that quarter ; and from which despatch it 
would appear, that I had not on my part complied with the ex- 
isting regulations of that department. 

I take leave respectfully to refer His Excellency to the 
following communications : — y\z. 

1. Henry Sterne ....To W. G. Nunes, Esq. of 19th January 

2. W. G. Nunes, Esq. " C. Harvey, Esq 25th do. 

3. Henry Sterne. ... " W. G. Nunes Esq Srd February 

4. W. G. Nunes, Esq. " Henry Sterne 7th do. 

But more particularly to the 

5. Henry Sterne. ... " W. G. Nunes, Esq. . . 10th February 

" In failure of this mij humble desire being granted to me, 
then it is my wish that the whole of my petitions and charges 
touching the Honorable Mr. Bell, he forwarded to England by 
the first mail, with copies of your communications to me and my 
Solicitor, and our respective replies thereto.''^ 

" Jf I am compelled to the remedy of forwarding the charges 
made by me against Mr. Gustos Bell, home to the Secretary of 
Sta/.efor the Colonies, then I should wish my two represen- 
tations against Mr. White, to be also forwarded, 8fc. Sfc.'' 

6. W. G. Nunes, Esq. To Henry Sterne, 20th February. 
'' I am to acquaint you that your complaints against Mr. 
Gustos Bell, have been sent home already by the last packet.'" 

I humbly conceive therefore, on reference to the foregoing 
correspondence, that I have on my part, strictly followed the 
regulations of the Colonial Department; those regulations per- 



52 



snitting parties agrieved, it" desirous^ of forwarding duplicates 
of the communications wliicli tliey may have made, to the 
Governor. 

The delay therefore that has taken place, and which I 
humbly submit, has been seriously prejudicial to my interest, in 
delaying the public ends of justice, has not been occasioned at 
my instance, but from some want of regulation at the King's 
House, which I trust will be at once remedied. 

Had it not been for the independence of His Honor the 
Chief Justice in the last SuiTy Assize Court, by the successful 
suit at law against the three Magistrates concerned in one parti- 
cular instance of oppression, viz, Roger Swire, Robert Baugh, 
and Frederic White, Esqrs, to the report of which trial I would 
take leave to refer His Excellency, (say in the Kingston 
Chronicle, Royal Gazette, and Watchman Newspapers, of 
Thursday the 16th April,) and wherein I succeeded in obtaining 
a verdict of £51. damages, and full costs out of purse. Had 
it not been for this (for this aloneput a check to their monstrous 
proceedings) I submit inevitable ruin must have been the result 
both to myself and family. 

His Excellency's delaying, or refusing the prayer of my 
petition ; of publickhj investigating my complaints, has caused 
me, at a very great expense and risk, to institute a suit at law 
against Mr. White, the late Special Magistrate of this parish, 
for the wrongs done me by him, and by which means I kope soon 
to lay them before the Publicko 

Gross have been the v/rongs which I bave suiFered; Iliad hoped 
that my memorializing His Excellency, as the representative of 
our Gracious Sovereign, that such wrongs, not only private but 
publick, would have been looked into, and redressed ; instead of 
which, a more deadly persecution was the consequence ; and it 
is now a publick boast in this quarter, by the minions of the 
Hon. John Bell, and Mr. White, that their representations 
were received, and mine laughed at; and that in consequence of 
their representations, His Excellency had been pleased to cast 
aside, a recommendation from Colonel Moody, ©f the Saint 
George's Regiment, recommending me to a vacant Ensigncy in 
his regiment. 

Report speaks, but it is report only, that the Hon. John 
Bell has grossly misrepresented my character to His Excellency, 
and that it was in consequence of such misrepresentation, that 
His Excellency had written Mr. special justice White, " to 
watch me, to secure me in something wrong if possible, and to 
forbid me entrance into his Court, ''^ these are the words of 
special justice ^^ hile, publickly expressed, and which siiall be 
proved in oppn <^^'urt. 



53 



Could 1 hut ])r()ve t'jpse reports true, I would at once 
institute law proceedings likewise against the Hon. John Bell, 
and 1 am satisfied, when all matters are laii'ly and publickly 
discussed, my character will come forth untarnished ; and His 
Excellency will then see, with regret, the Impropriety of per- 
mitting an Honourable' s Ipsidixit, to be set in opposition to the 
Sacred Oath of an humhle Individual. 

I have no more to add, further than, that you will be 
pleased to lay this letter before His Excellency, after which, 
that you will forward it, with the originals of every particle of 
correspondence, relative to this unpleasant affair, C according to 
the regulations of the Colonial Department^) with His Excel- 
lency's report thereon, to the Secretary of State for the colonies, 
and which yoxi assured me, in yours of the 20th February, had 
been complied with. 

The letter of Lord Aberdeen's, and the regulations, I beg to 
return enclosed. 

1 have the honor to remain, Sir, 

Your most obedient humble Servant, 
Buff Bay, St. George's, HENRY STERNE. 

June 12, 1?;36. 



[3366] The King's House, June 20, 1835. 

SIR, 

His Excellency the Governor, directs me to 
state as regards your letter of the l2th instant, that having 
formerly transmitted the proceedings to the Colonial Office, on 
the subject of your previous representation, of which you were 
apprized, and having received a reply thereto, His Excellency 
has acted on it, at his own discretion, and for which he is re- 
sponsible ; that in returning the papers sent by the Secretary of 
State for that purpose, His Excellency has nothing further to do 
wrth the matter, and he has adhered to the instructions he has 
received on that head. 

With respect to your complaints against Mr. White, that 
gentleman, as you have been informed, is no longer in the 
Magistracy, and on the 7tli Februarv last, it was put to you, 
whether you wished, under these circumstances, to have it pro- 
ceeded with further, and if so, that it would be complied with, 
as you did not urge this, it was not done, though His Excellency 
was quite ready, as it was a matter of duty for him, to enquire 
into. 

His Excpllpory fjiuuot help, what Mr. ^^ hltc or any ojie 
=■'5? m-iv lia\ p said: he is only responsible iur hi.s own ^vortl^^. 



54 



antl declines stating any thing on tlie matter to you, as to 
ronfirmcdion or denial, your papers liaving been all forwarded, 
His Excellency has nothing furtlier to say on the subject. 

I am Sir^ your obedient S .'rvant, 
To. H. Sterne, Esquir - W. G. NUNES, Secretary 

BufF Bay, Saint George's. 



To (HIS EXCELLENCY) the Mcst Noble the Marquis of Sligo. 
My Lord, 

Beset with every ill but that of fear, your 
Lordship will not be surprised, to hear I have adopted the last 
resource left me, to obtain that redress, for the grievous 
wrongs I have sustained, sustained them too, at the hands of 
the very one who I had least expected, or was prepared to 
receive them from ; ruined as I have been from the denial 
of justice — of my right as a British subject^ because had 
your Lordship granted me the redress, / sought by petitions, 
by remonstrances, at your Lordship'' s hand, I should have been 
saved from the ruinous lawsuit I entered into, to relieve me from 
the base imputation and jealous eye with which 1 was viewed by 
that party of people opposed in every degree to grant redress to 
those who might be connected, ox even supposed to be concerned 
in any shape with the Colonial Office. Fortunate for me, that 
even the verdict of 20s. Jamaica Currency, I received at the 
hands of a Jury, is enough to shew that my premises ivere 
not unfounded J and proved me to have been an injured man ; 
butj because it was said in evidence that I was backed by a 
party at home, 20.9. is the dainages I obtained. This is suf- 
ficient to shew you my Lord, that what I claimed at your hands 
teas not unfounded and frivolous. However, I am my Lord 
determined to go in person, and lay my grievan^e^ before 
those, whom I am confident will honestly hear aud redress 
them. Ere long I hope I may see the sails of the ship which is 
to convey me from this country unfurled — when my liaven will 
be the Colonial department. 

1 therefore humbly beg that your Lordship will forward by 
the ensuing packet, all and every particulars of my correspond- 
ence, aud your Lordship's reply in the matter of the Honorable 
John Bell, Custos of this parish, and Frederic White, Special 
Justice : also a copy of the letter uhich your Lordship ivrole 
Mr. White, to direct him, to handle me in the manner that he 
did, in keeping me out of his Court. 

Your Lordship will be pleased also to direct Mr. Attorney 
General to put you in possession of my affidavit and coinmuni- 
calion to that gentleman, under date 0th June,183r', touching an 



00 



inquest wliich was iield on tlie body of a female apprentice in 
in the house of correction, in this parish, on Tuesday, iho 2Gtli 
of May, 18:9o, and the improper verdict received by the coroner, 
which Mr. Attorney General has allowed to pass Ly unnoticed. 
Your Lordship will be pleased to forward this communi- 
cation, together v/ith those already described, to the Colonitd 

Office. 

I have the honor to he, 

Your Lordship's most humble and obedient Servant, 

Buff Bay, St. George's, HENRV STEJINE. 

28th May, 1S36. 

[3678] The King-'s House, Ith June, I83G- 

Sir, 

His Excellency the Governor desires me to 
acquaint you that he has received your letter, dated 2-^th May. 

I am Sir, 
Your obedient Servant, 
To Henry Sterne, Esq. W. G. NUNES, Secretary* 

Buff Bay. 



The NON-INTERFERENCE of His Excellency the 
Governor, with my charges prefered against the Honorable Joliri 
Bell, added to the very uncourteous note of His Secretary, 
designating me as "that person" besides designating my charges 
as ^'unfounded and frivolous ; ^^ I must say exceedingly ex- 
asperated me, I immediately drew up a very angry reply by 
way of remonstrance, which I forwarded to my Solicitor Mr. 
Harvey to be immediately laid before His Excellency. But 
Mr, Harvey considering it improper, or written under peculiar 
feelings of excitement, refused to forward it, so, having had 
time to reflect, I thought it more advisable to await till after the 
St. George's Quarter Sessions of January; when as I had de- 
termined to enforce the law against the parties whom I had 
accused, I fully hoped to have the whole affair developed in 
pubHc by my ^vitnesses, which I thought would be the best proof 
to convince His Excellency, that my charges were not, as he 
thought proper to designate them, " totally unfounded and fri- 
volous.''' 

Accordingly I spared neither expense or trouble, so as to 
have every thing correctly done ; I employed my solicitor to 
draw up the various papers requisite for the Quarter Sessions 
and would have had him there on my behalf, but that every 
thing appeared so clear and straightforward, as to satisfy us 
such an expensive step was not required. 



50 



WednesiJay, ilie 7t]i of January, 18.'^5. at lengtli arrived, 
wlilcli was tlie <lay fixed acconling- lo law, ior lioltling our 
General Court of Quarter Sessions; tlie Court was opened, and' 
the Grand Jury empannelled; the HonouraMe John Bell, sat as 
Chief Judge, with his associates, Robert Baugh, Roger Sivire, 
and Frederic White, Esquires; (the latter heing a special 
justice) the Grand Jury consisted of 17, as follows: — 

1 John L. James j 7 Henry Burge 

2 D. Mathuson 8 Archibald Bell 

3 H. Melville 9 H. B. Burg-ess 

10 Moses M. SoUas 

11 G. Haug-hton 

12 Andrew Coultar 



4 Thomas Murray 

5 Hugh Crook 
G Robert Murray 



13 Samuel Oliver 

14 A. H. Brown 

15 Daniel Roberts 

16 J. R. Crawford 

17 Robert Hutton 



The Honourable John Bell directed the clerk of the peace 
to withdraw two of the jurors from the Grand Jury, as he not- 
iced they were to be witnesses in a certain matter of Indictment 
which would be brought before them. The Indictment here 
alluded to, was the one against Miss Matthews, and which 
served to show me at once, the stand the Gustos was determined 
to take ; I accordingly got up, and stated, that with the per- 
mission of the Court, I would refer ihem both to Gift'ord and 
Blackstone, and an extract of which I read, shelving that a 
juror sitting, was a good and eligible witness ; the Court over 
ruled such, and directed the clerk, before the indictments 
alluded to were sent in, to withdraw the two jurors, and on < he 
second day of the Court, Thursday, before tlie indictments were 
sent in, tlie two jurors were withdrawn from the Grand Jurv. 

The Hon. John Bell then addressed the Grand Jury, stating 
that there Avas an unusual deal of business to come before them 
but that one case particularly, he would wish to press well on 
their attention, which was a case of forcible entry and detainer, 
and here he thought proper to say, that before they could find 
a true bill, it must be clearly proved before them, that absolute 
force of arms was used to gain possession, and that the defendant 
retained forcible possession to the moment of finding the bill. 

At the adjourned Court on Thursday, the indictment was 
sent in. The Custos resigned his seat to his three associates, 
but still remaining in the Court House, directing them ; and 
every now and then was to be seen either Justice Swire or Jus- 
tice White, and at one or two periods both together quitting 
the bench, and going to consult him at the end of the Court 
House : at one period of the proceeding the whole three Justices 
quitted the bench, leaving the Jurors and spectators wondering 
at such proceedings. 

The first of ray indictments. The King v. Harris, for tres- 
pass and larceny, came forth a true bill on one count, and Harris 
was immediately put on his trial liefore the Petty Jury. 



-57 



I was the first witness put on examination, and I respect*^ 
Tally requested of tlie Court to take down the evidence, which, 
Ibelng refused, I objected to proceed, unless either the court, or 
clerk of tlie court would take down such evidence, stating to them 
publickly as my reason, Tliat the chief magistrate of that parish 
at that moment stood impeached by me, g-rounded upon and 
connected with the matter in question. The Court felt them- 
selves bound to acquiesce, and directed the clerk to take down 
the evidence. As I proceeded in my narration, I was continually 
interrupted by the court, and expressly forbid to speak of any 
portion of matter, but of the deed for which the accused stood 
charged: likewise, when I had occasion to mention the name of 
Miss Matthews, who stood charged by me as the instigator and 
abettor of the deed, and which was the primary cause of im- 
peachment against the Gustos, the court forbid my proceeding, 
but finding me determined, as I stated I must proceed and go 
through my evidence, they cut me short, and refused to Jisteri 
further, 

A second witness was called up, an apprentice and special 
constable, named David Clarke, whom they treated very harshly ; 
Mr, White particularly did this, bawling at him to terrify and 
alarm him ; but the man was firm, and corroborated the testi- 
mony I gave, but he was likewise forbid to say aught about Miss 
Matthews. 

A third witness was offered, and in attendance, but the 
court, directing the jury to find a true bill, as the evidence was 
so very clear, dispensed with the third. 

Before the court proceeded to pass sentence, I got up and 
addressed the court, stating to them that my object was not to 
seek the punishment of the prisoner, whom I considered to be in 
a manner ignorant of the offence he had committed, but that my 
aim was to expose and bring to punishment, if possible, the 
party morally guilty. I therefore recommended him to the con- 
sideration of the court, stating that I had known him for the past 
6 or 8 years, and had never before found cause of offence against 
him, and as such I trusted the court would reprimand him for 
the present, cautioning him as to the future ; but intead of which, 
will it be believed, that the court, without either reprimand or 
jcaution, fined the clearly convicted prisoner T^d. and discharged 
him. 

A SECOND INDICTMENT, The King versus Sarah 
Matthews, for feloniously trespassing and larceny, was now sent 
forth from the Grand Jury — a true bill. But mark the wisdom, 
the ingenuity and justice of the court; they examined the in- 
dictment, whilst the accused was placed at the bar, and finding 
m the caption of the indictment, that the clerk had filled it in, 
H 



58 



as before the Hon. John Bell, and his associates Baugh, Swire, 
and White, they quashed the proceedings, stating the bill to be 
false, inasmuch as the Hon. John Bell was not sitting on the 
bench that day. I immediately got up, and referred them to a 
passage in William's Justice, clearly laid down, that such was 
not fatal to a bill ; and that, as the Grand Jury were still sitting 
the clerk had only to send the bill back, and direct the foreman 
to strike out the name of the Hon. John Bell, and as the names 
of the three sitting magistrates were already inserted, the in- 
dictment would then be right. At this the court was incensed, 
and Mr. Swire sarcastically remarked, we have decided already, 
you may report us to the King's House if you think proper ; and 
upon my attempting to argue the point, and insisting upon my 
right as the prosecutor, the bench ordered me to shut my mouth, 
declaring they would not allow me to say one word on the sub- 
ject, and that I might impeach them if I thought proper. On 
my attempting to remonstrate, they ordered and made the con- 
stable lay hold of me, to put me out of the court, declaring they 
would commit me to jail ; finding it useless, I said no more, but 
having got the constable to unhand me, I took my post at the 
bar amongst the spectators. 

In the THIRD INDICTMENT, for forcible entry and de- 
tainer, my solicitor had instructed me that I could not be a 
witness, as I was entitled to a writ of restitution, on the witness 
being convicted. I went in to the Grand Jury, for the purpose 
of giving their foreman a list of my witnesses, with a sketch of 
questions which each would be able to ^ answer and prove, but 
the court sent the constable and enforced me away, neither 
would they permit my leaving a paper of guidance with them ; 
consequently, as the witnesses went in, the jury knew not what 
questions to put, although most of them knew my right of pos- 
session, but not of the force or entry, or forcible holding, which 
the Hon, John Bell, in his charge to them, laid down must be 
clearly proved, consequently they ignored the bill, and the 
court broke up without my obtaining any redress. 

Immediately on the breaking up of the court, the constable 
approached me, and ,shewing me a kind of warrant or summons, 
signed by the said three Justices, Baugh, Swire and White, no- 
tified me by it, that I was summoned to appear before them, at 
the New Conrt House, on Saturday morning, the 10th instant, 
by 10 o'clock, to answer a charge preferred by one M. G. F. 
LEMA.SNEY, against me, under the Wharf Law, ^^ for refusing 
to give him the weights of certain Hogsheads of Sugar ^ sent to 
my Wharf J from Kildare Estate, to be shipped.'' 

On receiving this notification, I felt convinced that it was a 
plot to injure and oppress nie, for the charge was completely 



59 



false; and well knowing the penalties attached to Jamaica 
Wharfingers, by the Island law, I at once determined to seek 
legal advice beforehand; and although at a late liour, and not 
having partaken of any nourishment during the day, in conse- 
quence of being so fully employed in the court, I took horse, 
and rode direct to Kingston during the night, (40 miles) and at 
daylight the nest morning, say Friday the 9th, I procured a 
horse and chaise, and posted off to Spanish Town, my solicitor 
Mr. Harvey was not there, but I immediately waited on Mr. 
Watkis, and procured liis high legal advice how to act, and 
what to do in the matter, Mr. Watkis at once determining, that 
the attempt made to injure me was most odious, and moreover 
was perfectly illegal, stating first, " that 1 ought to have been 
served with a copy of the summons and charge," and secondly, 
*' that if the charge was really as I named it to him above, that 
they the Magistrates^ had no cognisance of it under the Wharf- 
age law^ and could not attempt to bring me to an account for it." 

Mr. Counsellor Watkis liaving answered fully every point 
that I required, cautioned me to be perfectly respectful, but to 
be resolute and stand upon my rights; first of all to procure a 
copy of the charge, and to confine the Court entirely to it, 
which in itself, ought to shew them that they had no power by 
the law to take cognizance ofit, and thatif they persistedin aught, 
to be sure to have a friend as well as myself, to take down the 
proceedings of the Court in such a manner as each of us could 
swear to, so as to have laid before the Chief Judge, to move for 
a writ of certiorari. Being fully armed as I thought aright, I 
returned to Kingston, and waited upon my agent, Mr. John 
Nethersole, who was also the agent of Mr. White the Special 
Justice, one of the three appointed to sit on my trial. It was in 
Mr. Nethersole's store, and by Mm Mr. John Nethersole that I 
was first introduced to Mr. White, only a few months previous, 
before he had entered upon his judicial duties in Saint George's, 
I pointed out the whole matter to him, Mr, John Nethersole ; 
1st, The enmity of the Gustos — 2ndly, The proceedings at the 
Quarter Sessions — and Srdly, the present seeming plot as to the 
wharf, with Mr. Counsellor Watkis's opinion, and then my own, 
stating, that I feared it would prove serious, and requested of 
him as a friend of Mr. White's, to drop liim a letter by me, 
which I would hand him immediately I got to Saint George, to 
advise him not to sit on the occasion, as he was a Special Justice, 
and ought not to interfere in local matters. Mr. John Nether- 
sole pleaded a press of business, and otherwise turned the matter 
off, as not being so serious as I represented or imagined. Ac- 
cordingly we parted, and about 6 o clock that evening, I again 
took horse and rode during the nigbt to Buff Bay (40 miles). I 
arrived there about 2 o clock in the morning, turned in and took 



60 



■k sleep till day-light; and about 7 o'clock 1 went and saw mj 
neiglibour, Mr. Sollas, to whom I comraunicated the result o£ 
my journey, and shewed him Counsellor Watkis's opinion. Mr- 
White being a favourite of Mr. Sollas's, Mr. Sollas determined 
to use his influence with Mr. White to prevent him from sitting, 
but all Mr. Sollas's persuasions had no effect upon Mr. White, 
as he was fully bent on sitting and joining in the plot againsi me. 

A Mr. Silvera who happened to be at Mr. Sollas's house at 
the time, learning how matters stood, hastened to Mr. Saugh 
as a friend, pointed out to him all that he had heard, and ad- 
vised him as a friend, and as a man of family, to have nothing 
to do in the matter; Mr. Baugh was also too resolutely bent on 
sitting and joining in the plot against me. than to take his advice 
and desist, for he observed^ poh^ poh. Sterne is a fool^ we will 
show him by the law itself, that he can have no appeal from our 
decisio7is, and no Court can take cognisance of if, when once 
we have decided, thereby proving direct, that the said three 
Magistrates must have been plotting and agreeing together oa 
the matter beforehand. 

At length the hour of 10 o'clock on the morning of Saturday,, 
the 10th of January, 1835, arrived. It happened to be the day 
appointed by law, for tbe election of ten vestrymen and two 
Chucbwardens, to serve for the parish, the current year ; con- 
sequently most of tbe freeholders of the parisk attended at the 
Court House this day ; On my entering tlie new Court House, 
I noticed a great number of persons to be already assembled, 
and the Electionering was going on, The Honourable John Bell, 
as Chief Magistrate was seated at the head of the table, and 
before him was laid the laws of J amaicain several large volumes, 
one was open, whicli he was reading and arguing upon witli 
Mr. Swire, Mr. White and others about him; as soon as it was 
noticed by them that I had entered the court house, there 
seemed to be a check or stillness to their conversation; 1 went 
up to the head of the table where tbey were, and distinctly 
noticed the volume open, and place upon which they had been 
discussing to be the wharf laws ; Mr. Swire now called out to 
the deputy clerk of the peace that himself and brother Magis- 
trates were ready, and then went to the table, and took his seat 
as one of the Judges on my case, Mr. Baugh and Mr. White 
now likewise came, tlien the deputy clerk of the peace, Robert 
Dunbar, then The INIOIIMER, M. F. G.Lemasney, he stood 
at the back of the Magistrates, I had brought my writing desk, 
and procured a young gentleman to assist me in taking down the 
proceedings, agreeable to the advice of Mr. Counsellor Watkis, 
the deputy clerkof the peace now brought the volume of wharf 
|aw3 from the top of the tabic, and handed it over to Mr, Swire at 



61 



the foot of the table, audthe trial of my case, styled Lem-asney, 
V. Sterne, noiv opened, RogerSicire, Robert Baugh, and Frederic 
White, as justices, Robert Dunbar, as deputy chrk of the peace ^ 
myself young friend with Lemasney, all occupying the foot of the 
table, directly in front of, (and only a few feet apart) The Hon, 
John Bell as Castos, Mr. George Hall as clerk of the vestry and 
recorder of electors votes, with others. The case had been only 
just opened, when the noise and confusion was so great. That the 
Gustos suggested to the Magistrates the proprietij^of their ad- 
journing to the Ball room above, which was agreed to, aud the 
deputy clerk of the peace, removed the laws &;c. above accord- 
ingly, where the case was afresh opened, 

I at once appealed to the court on its impropriety in at- 
tempting; the trial, before fii'st furnishing me with a copy of the 
charges prefered by my accuser against me. jNIr. Swi«-e, who at 
first shewed a very hostile and heated feeling, and moreover, 
moved, as the organ or chief, replied, that it was impertinent 
in me to speak of improprieties , it did not need that 1 should 
be served with a copy of charges, 1 was brought up before them 
under the general wharfage act. I contended to the contrary, 
and stated, that since I had been noticed to appear by the, 
constable I had rode upwards of 100 miles to consult with 
counsel on the matter, and that I then held in my hand counsel's 
opinion, which declared, in its very front, that such an omission 
would of itself set aside any trial Mr. Swire vociferated (as he 
did at several other periods during the trial) we want nothing 
of counsel, we are our oivn counsel in this case. I contended, 
that 1 would not submit to any trial, unless I was first served 
with a copy of the charges preferred against me. At this the 
deputy clerk of the peace observed, oh that can be easily ac- 
complished, for here is a copy, handing me over the following. 

Jamaica Ss, Saint George. 
WHEREAS, information and complaint, on the oath of M, 
F. G. Lemasney, overseer of Kildare Estate, in the said Parish, 
have been made before one Robert Baugh Esquire, one of His 
Majesty's Justices of the Peace for the said PsLt'isk, (That Henry 
Sterne u-harfinger at Buff Bay, in the Parish aforesaid j hath re- 
fused to give to the said M. F. G. Lemasney, the weights of 
certain hogsheads of sugar, sent to the said wharf, by him to 
he shipped. 

These are therefore to require you forthwith, to summons the 
said Henry Sterne, to be and appear before me, and Roger Swire 
and Frederic White, two of the Justices for the parish aforesaid, 
associated by me, to hear and determine the above complaint, 
at the Court House, Buff Bay, on Saturday, the tenth day of 
January next, between the hours of ten aud twelve of the clock, 



62 



in tLe forenoon of the same day, to answer to the said informa- 
tion and complaint, and to be further dealt with according to 
law; and be you then there to certify what you shall have done 
in the premises. Herein fail not. 

Given under my hand and seal this 8th day of January, 1835. 

ROBERT BAUGH, L. S. 
To any lawful Constable of the Parish of St. George. 

True Copy ROBERT DUNBAR D. C. P. 

Which having read, I observed to the Court; Why your Honors , 
this is no charge or offence at all, cognisable by you under the 
wharf laws ; there is no part of the act which gives you any 
power to proceed against me under such a charge ; Mr. Swire 
here seemed greatly exasperated, and declared, that the Court 
would not be thus dictated to by me ; and that on reference to 
the 3rd section of the law (meaning the general wharfage law), 
which he read aloud, he, Swire, was satisfied on the point of 
Jurisdiction, and that the court had full authority to proceed ,• 
that their own opinion (meaning the court's), was better than 
counsel's, and Mr. Swire here read the last clause of the act^ 
and remarked icith a tone of triumph, you must not presume to 
dictate to the court there is no appeal for you, we have it in our 
own hands. So, my demurrer for want of jurisdiction, was, in 
consequence overruled, and the court proceeded in the trial. 

I at first determined to keep close to counsel's instructions, 
knowing that the last clause of the act prevented me from ob- 
taining any redress for the gross wrong which was about to be 
inflicted, otherwise, and both myself and the young gentleman, 
whom I had engaged, commenced to take down in writing, 
verbatim, what transpired; The Court were one and all excess- 
ively violent, PARTICULARLY MR. SWIRE, who called 
upon his brother Magistrates to fine, and not to be botheredwith 
me, what says he, sit here all day, and let him talk to us about 
counsel's opinion; I observed, wliy your Honors you are bound 
to hear me out in my defence, if it takes you a week, " what, a 
week! says Sicire, jumping up and leaving the table I have 
made up my mind already, so I will sit here no longer ; com^ 
let us fine hvm and have done with, it, and on this he quitted his 
Scat and iccnt away to the other part of the Court house, and 
cocked his foot up in a window, and entered into conversation 
with some of his friends; presently he returned, and it was 
agreed upon by the Court, that if I woidd desist from taking 
down notes, the deputy clerk of the peace should furnish me 
with a full copy of the proceedings afterwards; accordingly 
under this promise I stopped taking notes, and we proceeded 
on faster with the trial, if trial it could be called; Lemasney 
was heard, hut every argmnrnf ef mine teas unavailing, it was 



63 



useless for me to proceed, they got noisy and clamorous, rising 
up, first one and then another, declared the facts were fully 
proved; I offered ray witnesses to disprove what liad been said, 
pointing them out as they there stood in attendance, my clerk 
Mr. J.E.Anderson particularly, but it was all to nopurpose; and 
here followed a scene truly disgraceful, the Court one and all 
had arisen, and quitting their judicial seats, each vociferating 
fine him, fine him; the deputy clerk of the peace had loudly to 
call after them to return so as to instruct him as to the nature of 
their verdict, and amount of the fine, on this they returned and 
Mr. White only, seated himself, Mr.Baugh observed, there is the 
law, fine him to the fall extent of it; Swire observed, the law 
permitted them to fine from five to fifty pounds, so let it be £25. 
to this they agreed, and were about separating, when the craving 
deputy clerk of the peace called out, your honors I hope will 
remember my costs, oh! yes, yes, says Mr^ White, certainly 
let it be with costs, to this they all agreed, and ordered the ver- 
dict to be thus recorded accordingly ; this was all transacted 
while the Magistrates were on their legs, and intermingled with 
the spectators ; at this moment Lemasney stepped up to Swire, 
requested they would give orders for a distress warrant, as I 
had been heard to say I would never pay the fine, another scene 
ensued, the Magistrates returning to the table, and directing 
the deputy clerk of the peace to make out a distress warrant for 
them to sign immediately, which was accordingly done, and 
delivered to Mr. Lemasney. the Informer, and by him delivered 
to Mr. Burgess the constable, with direction to lose no time but 
levy immediately. The following is a true copy of this beautiful 
document, given in the handwriting of the deputy clerk of the 
peace, and which was the only document that enabled me to send 
out my actions against the Magistracy. 

Be it remembered, that on the tenth day of January Instant, 
came M. F. G. Lemasney. overseer of Kildare Estate in the 
parish aforesaid, and complained unto us Robert Baugh, Roger 
Swire, and Frederic White, three of His Majesty's Justices of 
the peace for the said parish; That Mr. Henry Sterne, Wharf- 
inger, of Buff Bay, in the parish aforesaid, refused to give 
to the said M. G. F. Lemasney, the weights of certain Hogs- 
heads of Sugar, sent to the said Wharf, at Buff Bay, by the 
said M. F. G Lemasney, to be shipped^ the said Henry 
Sterne having had due notice to attend this present day, to 
answer the said complaint. 

We, the said Justices, having duly examined the matter 
aforesaid, do find the above to be fully substantiated and 
proved. We therefore by virtue of the power to us given in 



64 



^iud Uy an act of the Governor, Counsel and Assembly of He 
said Island entitled f " An Act for the general regulation of 
icharfage and storage'") do order, adjudge and determine, that 
the said Henrj Sterne do immediately pay the sum of TWENTY 
FIVE POUNDS, current money of Jamaica. AND FIVE 
POUNDS THE COSTS OF THIS PROSECUTION, and in 
default thereof, that Edward C . Burgess, constable for the said 
parish, do levy by distress and sale of the goods and chattels of 
the said Henry Sterne, the sum ofTHIRTY POUNDS, current 
money of the said Island of Jamaica, WITH THE COSTS 
ATTENDING THE SAME. Hereof fail not, as you shall an- 
swer the contrary at your peril. 

Given under our hands and seals, this 10th Day of January, 
1835. 

ROBERT BAUGH, L.?. 

ROGER SWIRE, L.S. 

FREDERIC WHITE, L.S. 

A few minutes after the closing of this mock trial, I went 
below, to where the election was going on, aud there I noticed 
the Honorable John Bell, still sitting at the head of the table 
with the Wharf Laws open in his hands ; on his right hand was 
Mr. Swire and Mr. Baugh, with Mr. George Hall, the clerk of 
the vestry ; on his left was seated Mr. White and Mr. Sollas, 
and behind him stood Mr, Silvera and others ; they were all 
in high conversation : the following I heard spoken before 
they noticed my entrance. Bell was laughing and pointing to 
the law; White was exultingly exclaiming *' we have fined 
the fellow, we have fined himj'^ — Hall was exclaiming *' the 
law compels him to have wharf books and to produce them"' — ■ 
Sollas was exclaiming ^'monstrous, m^ost monstrous ; stop boys, 
you will pay for it, Sterne will bring you to an account for it; if 
he does not — aye, I wish it was my case, I would give an hundred 
pounds this moment". Silvera was exclaiming ^' heavens it was 
more like a Spanish Inquisition, than a British Court of Justice ; 
Good God ! if my own eyes had not beheld it I never could have 
believed it ", on this Swire observed, ^'aye you are one of his 
ironies.^'' What! says the indignant Silvera, striking his breast, 
" by heavens, I swear I was never under his roof in my life, I am, 
no crony of his Sir, I hardly knoiv him. but your conduct is 
mokt monstrous, and I only hope to God he will punish you/^ 
I was now noticed by Bell, who says quietly " hush ! hush ! 
there he is."" I now walked up to the table as if nothing had 
happened, and in a few minutes after left for my wharf, were I 
remained quite busy loading some vessels. About two hours 



65 



atter the deputy clerk of the peace rode up to me, oli his way 
home, and stated, he had some further proceediugs agaiuat me 
at the instance of Mr. Wra, Hossack, proprietor of Buff Bay 
River Estate, {who is an intimate friend of Lemasney's and a 
brother-in-law of the Custos's, The Honourable John Bell), 
wliose charge against me was for not having got tarpaulings on 
the wharf according to law, which was a £50 penalty, against 
which I could have no defence. 

This additional news coupled with the harsh and illegal fiiie 
in the morning, determined me to shut up the wharf, from being 
a public one; as the only means of saving my self from im- 
pending ruin, considering that if it ceased from being public, 
fines and penalties must naturally cease also. On closing the 
wharf, I should lose my wharf fees, and still have to pay rent, 
Taxes, Clerk^s salary, 8^c. but this vms the least evil. Indeed it 
was my only chance left, as I found Mr. Bell and his party were 
so savagely bent to work ray ruin, for I had only rented it from 
this very Lemasney as agent or Overseer of Kildare Estate, in 
the month of August prior, without weights or scales, or tar- 
paulings, as a proof of which the following documents No. 1 to 1 1 
will shew* 



i*C^ 1 Is an extract of a letter from Henry Sterne, to Anthony 
Davis Esquire, one of the receivers for Kildare Estate 
dated Buff Bay, 5th August 1834. 

To Anthony Davis, Esquire. 
Dear Sir, 

My present object of now addressing you is to 
request, you will either furnish me, or permit me to furnish, de= 
ducting the amount out of the accruing rent, Weights and scales, 
Ao that I may be enabled to meet the object of the law, and not 
lay open to its penalties^ also the necessary blocks and ropes 
for shipping, as there are none at present on the wharf. 
I am dear Sir, respectfully, 

Your most obedient Servant, 
HENKY STERNE. 



^0* 2 Is an extract of a letter from Henry Sterne to the Hon, 
William Miller, one of the receivers for Kildare EstatCj 
dated Buff Bay, August 6, 1834, 

To the Honourable William Miller. 
Dear Sir, 

Having become your tenant for Kildare wharf 
on this Bay, since yesterday, only on condition that the estate 
should furnish a set of iceights and scales, to bear me harmless 
I 



66 



from the penalties imposed by the law for not having them, and 
likewise a couple of blocks with ropes, for sliipping the produce 
from the wharf / this, Mr. Lemasney says will not he granted , 
as not requisite ; I therefore take the liberty of addressing you 
on the subject, and await your reply, which I trust will be, to 
direct scales and weights, with blocks and ropes to be furnished, 
and then all things will go on well. 

1 am dear Sir, respectfully, 

Your most obedient Servant, 

HENRY STERNE. 



3*0«o Is my security's letter to both the Hon. Wm. Miller 
and Anthony Davis, Esquires, as joint receivers in 
Chancery for Kildare Estate. 

Gentlemen, 

I hereby agree to become responsible^ to you 
for the rent of the wharf and premises on Buff Bay, belonging 
to Kildare Estate, from this date, at the rate of one hundred 
and fifty pounds per annum, as long as Mr. Henry Sterne may 
think proper to keep possession. 

I am, Gentlemen, 
Buff Bay, Your most obedient Servant^ 

August 14, 1834. EDWARD C. BURGESS. 



^0«4 Is the Honourable William Miller's answer to my letter, 
of 6th August, (see No. 2,) from Trelawney, August 
14, 1834. 
To Henry Sterne, Esq. 

Dear Sir, 

I am in receipt of your letter of the 6th instant, 
respecting Kildare Wharf ; Mr. Anthony Davis, my co- 
receiver, has the active management of that property, and 1 
never interfere in any way with his arrangements, I merely keep 
the accounts,- and must therefore refer you to him for information 
on the subject. 

I am dear Sir, 

Your most obedient Servant, 
WILLIAM MILLER. 



JlO« 5 Is a notification (addressed to William Hossack, Esq. 
the proprietor of Buff Bay River Estate, and a shipper at 
Kildare Wharf,) of my intention of closing the wharf 
from Being any Ibnger public. 



67 

Sir, 

Inclosed 1 take leave to hand you my small 
wbarf 'account, amounting to £7. 16s. 3d. which you can settle 
at your convenience. 

I have to request you will send for the few things remaining 
at the wharf as per account, having come to the determination 
of closing my wharf from being public, from Monday next, for 
the remainder of my term to run, finding from the illegality of 
proceedings this day, that it would be ruinous in my keeping it 
open. 

I am Sir, 
Saturday Evening, Your obedient Servant, 

January 13, 1835. HENRY STERNE. 



^0 « ^ Is a notification to the same effect, addressed to the 
Hon. John Bell, proprietor of Woodstock. 

Sir, 

I take leave to notify to you that I have come 
to a determination of closing the wharf ftom being a public one, 
owing to the illegality of proceedings against me this day. 

Therefore, from and after Monday next, it will cease to be 
public, for the remainder of my term to run . The Corsair'' s boat 
now at the wharf, is waiting for further sugars from Woodstoc)^ 
which you may send, and by your sending your own people, 
my blocks and tackle shall be given to do the needful, without 
charge. 

I am. Sir, 

Saturday Evening, Your obedient servant, 

10th January, 1835. HENRY STERNE. 



J^0« 7 Is a notification to the same effect, addressed to Doctor 
Wm. Robertson, proprietor of Craig Mill. 

Dear Sir, 

I take leave to notify to you, that 1 have come 
to a determination of closing the wharf, from being a public one, 
owing to the illegality of proceedings against me this day. 

Therefore, from and after Monday next it will cease to be public 
for the remainder of my term to run. By your sending down 
hands, I will give you the use of my blocks and fall free of charge, 
to ship your four hogsheads of sugar, now at the wharf, on board 
the Corsair's boat. I am, dear Sir, 

Saturday Evening, Your's truly, 

loth January, 1835. HENRY STERNE. 



68 



^ 8 Is a NOTICE to the PUBLIC, which was posted up at 
the wharf, the Court House, and other public places in 
the neighbourhood the same evening. 

From and alter Monday next, the wharf on this Bay commonly 
known by the nanieof Kildare wharf will cease to be a public one ^ 
parties having goods there, are requested to take them away as 
early as possible. 

HENRY STERNE, 
Buif Bay, Tenant in possession, 

Saturday, 10th January 1835. 



fi/0*9la a copy of the PUBLIC NOTICE given through 
the Herald Newspaper, dated Buff Bay, 10th January, 
1835. 

NOTICE TO THE PUBLIC 

From and after Monday next, the wharf on this Bay, commonly 
known by the name of Kildare wharf, will cease to be a public 
one, Parties haying goods there, are requested to take them 
away as early as possible. 

HENRY STERNE, 

Tenant in possession. 

On the above %vharf are several Lock up Stores, which will 
be rented out to parties interested, with the free use of the wharf 
for landing and shipping, from date, to the 1st of August, on 
application to, 

HENRY STERNE. 



^0* lO Ig an extract of a letter from Henry Sterne to The 
Honourable Wm. Miller, dated from Buff Bay, Tuesday 
20th January, 1835. 

To The Honourble Wm. Miller, 

Dear Sir, 

I wrote to you under date 9th August 1834, in 
reference to my becoming your tenant for the wharf on this bay 
belonging to Kildare Estate ; to which you were kind enough to 
reply referring me to Mr. Anthony Davis, for a final arrangement. 
I would take the liberty now of calling your attention again 
to my letter of that date. In calling your attention to the law 
there referred to, say 44th, George Srd, c. 15 and 45lh George 
3rd, c. 26, also to the conditions there laid down by me, viz. 



69 



that the Estate -should furnish a set of Weujhts and Scales to 
hear me out against the penalties of the Lav: S^c. I purchased 
from my predecessor Mr. Burge, blocks, ropes ^c. for shipping-, 
whlcli was indispeusibly necessary to have had, the first day of 
my taking charge of the wharf, and I icrote at your suggestion 
to Mr. Davis about the vjeights and scales^ hut this gentleman 
never thought proper to reply, and I engaged Mr. James, the 
Founder in Kingston, to cast me anevj set of iceights agreeable to 
Law, which weights are engaged to be forwarded round to me, 
by that gentleman, when he sends round the tread mill for this 
joarish &c. 

Mr. Lemasney the Overseer of Kildare, has thought proper 
from motives of revenge to issue proceedings from the clerk of 
the peace office against me, for not having given him the weights 
of sugars shipped, he well knowing that I had no vjeights to 
weigh ^ and the consequence is I have been most illegally fined in 
£25. fine, and £5, costs of the prosecution, and a warrant of 
distress at the instance of Mr. Lemasney hasbeen issued against 
me ; the result is, that part of my household furniture has been 
levied on, and is to be soldpublickly this day. I have therefore 
notified to the public my closing the wharf from being a public 
one {for had Icontinued to keep it open as such , without weights 
and scales it would have been ruinous) and on reference to the 
Herald of Saturday last, you will perceive the notification. It 
is not my wish that any one of the shippers here should be in- 
convenienced or suffer in consequence ; but I have done it only to 
protect myself, and all such as come into my terms will have the 
benefit of the wharf, I have enclosed a copy of my terms for 
your consideration, my proposal being thereplain and simple, 
each party I propose shall give me a sum equal to their usual 
wharfage by way of salary and storage, and then I give the 
wharf &c. gi'atis. 

I am. Dear Sir, 

Your most obedient Servant, 

Buff Bay, HENRY STERNE. 

Tuesday 20th January, IB35. 



Wb^* A A Is The Honourable Wm. Miller's answer to my letter 
20th January, from Trelawney 27th January, 1835. 

To Henry Sterne Esquire. 
Dear Sir, 

I have received your letter ofthe 20th instant, 
respecting Kildare Wharf, but as I merely keep the accounts of 
that property, and do not interfere with Mr. Davis's depart- 



70 



ment of active manager, I have forwarded your letter to him, 
with a request that he would do what is right and proper to be 
done in the business, 

■ I am Dear Sir, 
Your most Obedient Servant, 

WILLIAM MILLER. 



It must liere be noticed that Mr, Anthony Davis never by 
letter, acknowledged the receipt of my communications, or trou- 
bled himself, at the reqnest of the Hon William Miller, to do 
what was right in the matter. Mr. Davis is an assistant Judge 
of the Assize Court, and it will be seen that he sat as such with 
the Chief Justice, on one or two of the trials that followed, 
against the magistrates. Mr. Davis was the personal and most 
intimate friend of Mr. White, one of these Magistrates op- 
pressing me. 

Mr. Davis was subpoenaed by me, on one or two trials, in 
order to have proved the aforenamed correspondence ; but he was 
never called upon, in consequence of Sir Joshua Rowe's refusing 
to allow my witnesses to enter upon the full merits of the case. 
Mr. Davis is one of the members for my parish, and at his last 
election, owed his return to the house, principally to my interest, 
as I considered him a very proper character to be there, notwith- 
standing his past conduct towards me. 

Six copies of the Notice, No. 8, were posted up in the most 
public part of the parish, and, from Monday the 12th of January, 
the wharf ceased to be a publick one, and I i-efrained from taking 
a single penny of wharfage ; yet I kept a clerk there, to deliver 
goods which had been previously there ; and in no one instance 
did I object to any one individual, who asked permission, to 
either ship or land goods. Mr. Bell and Dr. Robertson, both 
shipped Sugars with their own people, having the use of my 
blocks, tackle, Sfc. icithout any charge. Mr. James, Mr. Sol- 
las, Mr. Burgess, 8^c. landed Goods by their own people, in 
a similar way, without charge, and I lost, I fancy, from the 
12th (the date of closing) to the SOth, (the date of transferring 
it over to another), in fees, rent, salaries, &c. at least £80. 

Mr. WHiite knew perfectly well of the wharf being closed, 
as he rode through it daily, and on Monday the 19th, I sent my 
clerk to dun him for my account, only 16s. lO^d.- — 3*. 4d. of 
which was for cash paid by me to accommodate him, in hiring 
two men to carry a half barrel of pork up to his residence. 
This os. Ad. he struck out of the account and refused to pay, 



71 



sending me word tliat he had himself given the men a bottle of 
rum, and at tliesame time directing my clerk to tell me, that 1 
was subjecting myself to a further fine by shutting up the 
wharf. 

During the time the wharf remained as a private one, say on 
Saturday the 24th, as if it were a Divine Judgment on Mr. 
White, for his unjustifiable conduct towards me. A vessel called 
off the wharf to land some goods^ but which of course I was 
compelled to refuse receiving, for jif I had received, I should 
have been making,myself again a publick wharfinger, and thereby 
again lay myself open to penalties. 

Several gentlemen, who were inhabitants of the Bay, say 
Mr. James, Mr. Sollas, axd Mr. Burgess, ivho all had Goods 
on board, came to the wharf and besought me to allow their 
Goods to be landed, and I accordingly gave the free use of the 
wharf and tackling without any charge, and they, with their 
own people landed their own Goods. The boat now brought 
some goods to be landed for Mr. White, but no friend appear- 
ing there for him, I w^onld not suffer them to be landed, and 
advised the Captain to take them back on board, and land them 
at Hope Bay public wharf, which was about ten miles to wind- 
ward, and where the vessel was bound for. The goods were 
taken back on board accordingly, and the vessel left the wharf. 
The next day I heard to my great surprise, that the vessel in at- 
tempting to enter Hope Bay, the previous night, had struck 
upon a reef and become a total wreck, thus Mr, White's goods, 
amounting in value to £32. was totally lost. 

The following is a true copy of the mock trial, upon me, of 
the 10th, as furnished me, by the deputy clerk of the peace 
under his own hand, as promised by the Magistrates, but for 
which, he made me pay him the sum of £2. ISs.*- 



[Summary] Buff Bay Court House, 

10th January, 1835. 

M. F. G. Lemasney versus Henry Sterne, 

For refusing to give the weights of certain hogsheads of 
sugar sent to Buff Bay wharf, to be skipped. 

The affidavit of M, F. G. Lemasney, was read, as follows. 

Ibaint 6(otrge 

Personally appeared before me, Robert Baugh Esquire. 



] 



72 



one of His Majesty's Justices of the Peace, fov flie Parish of 
Saint George^ M. F. G. Lemasney, overseer of Kildare Estate, 
in the said Parish, and being duly sworn, made oath, and said, 
That Henry Sterne, ivharfinger at Buff Bay, in the Parish 
aforesaid, hath, and still doth refuse, to give to deponent, the 
weights of certain hogsheads of sugar, sent to the said wharf, 
hy deponent, to he shipped ; and which iveights, this deponent 
saith, he applied for , to the said Henry Sterne as wharfinger. 

M. F. G. Lemasney. 

Sworn before me this 8th day of January 1835 

Robert Bauffh L.S. 



M . F^ G. Lemasney sworn. 

I wrote to Mr, Sterne requiring the weights 
of the sugars last shipped from Kildare. 

He sent me a verbal message, to say, that he would write 
in the morning following, since then 1 have not heard from him. 
I have not up to this moment received the weights, 

DEFENCE. 

I have had no legal application from Mr. Lemasney ; Mr. 
Lomasney's note, applying for the weights of the sugars did not 
reacli me until after sun set. 

Question by Justice White-^Have you weighed tlie sugars ? 
Answer. — I am not bound to answer that question. 

Mr. Lemasney's note alluded to, was handed to the court 
by Mr. Sterne, of which the following is a true copy. 

Mr. Sterne. 
Sir, 

You will oblige, by sending me per bearer the 

weights of the sugars last shipped from this estate, 

I am Sir 

Your obedient Servant, 

Kildare, Gth January^ 1835. M. F, G. LEMASNEY 

Question by Mr: Sterne to Mr. Lemasney. 

Is this the only application you have made ? 

Answer. Yes. 

Objection by Mr. Sterne. It is not compulsory on me to 
send the weif^hts. 



73 



Per Curiam to Mr. Sterne. 

If it is not compulsory on you to send the weights to the indi- 
vidual sending produce to your wharf, to whom then must he 
apply for such weights ? 

A. When the produce is sent to the wharf, and the receipt 
for such demanded, I am bound to give such receipt ; if required 
to weigh, it is optional in me to give the weights. 

Per Curiam. — Do you consider that you can select any parti- 
cular part of a wharfinger's duty, to perform or not at your 
pleasure ? 

A. Certainly not, I am bound to adhere to the law most 
strictly. 
Question to Mr. Lemasney by Mr. Sterne. 

Was it not your ownrequest that those sugars last shipped 
to which your note refers, or Kildare sugars generally, should 
be put into the shed close to the wharf? 

A. I went to the wharf some days back and met Mr. Sterne. 
I mentioned to him that I expected a boat up that evening, or 
early in the morning following, I therefore requested Mr. Sterne 
should put a boat load in the sited, that they may be closer to 
the wharf. At this time there were a good many hogsheads in 
the stores ; that was the only request of the kind made by me to 
Mr. Sterne, to the best of my recollection. 
By Mr. Sterne. 

Did you state any particular reasons why you wished them 
put there ? 

A. Yes, I have already stated in my previous answer, that 
it was hi consequence of my expecting a boat up that evening or 
early next morning, 

Q. Was that the only reason -^ow. ever stated? 

A. That, and its being more contiguous to the ivharf. 

Q. Did you give the order for the shipping before the boat 
arrived at the wharf? 

A. I cannot say whether the order reached Mr. Sterne before 
the boat was at the wharf. 

Per Curiam. — to Mr. Sterne. 

Are all produce sent to the wharf, entered into a book, with 
the weights, &;c. 

A. All hogsheads, puncheons and packages as directed by 
law to be weighed and entered; their weights are in the wharf 
book. 

Per Curiam. — Have you any objection for the satisfaction cf 
the Court, to produce the said wharf book? 

A. Every objection. 

Charles Calvert, Master of the William Mitchell, shallop,- 
sworn. 

Question by Mr. Sterne. 

K 



74 



Have you beeu any length of time drogging sugars and produce 
for ships in this Island? 

A. I have been about six years. 

Q, In receiving sugars from the different wharfs, have you ever 
noticed that the Wharfinger was in the habit of weighing them? 

A. No, never noticed such a thing in the West Indies, might 
have been weighed before I got them. 

Q. Your boat has been waiting at different wharfs at different 
times for sugars, how did you receive them? were they weighed, 
or stored, or received into the boat at once? 

A. When we were waiting, we took them into the boat at 
once, never noticed them to be weighed. 

The Court here closed the proceedings, and fined the defen- 
dant in the sum af twenty-five pounds, with five pounds of costs, 
(True Copy) ROBERT DUNBAR. D. C, P. 

On Monday the 12th of January, I was visited at my resi- 
dence by the constable Mr. Edward C. Burgess, who produced 
the warrant of distress, and demanded from me the amount of 
twenty-five pounds for the fine, and five pounds for the costs; I 
told him I was not prepared to pay, and urged the constable to 
let it lay over, but he pleading his directions from Lemasney to 
make an immediate levy, and lose no time, proceeded to execute 
the warrant by a levy, and accordingly levied on furniture 
valued for forty-eight pounds, which lie at once advertised for 
public sale on Tuesday the 20th. 

The following is a copy of the memorandum taken by me at 
the time this levy was made, signed by Edward C. Burgess as 
constable, and John E. Anderson, my clerk. 
MEMORANDUM. Buff Bay, Monday, January 12th, 1835. 

Mr. Edward Cooper Burgess, parish constable for Saint 
George, entered the dwelling house of Mr. Henry Sterne, with 
a warrant of distress, and orders to levy on goods and chattels 
of the said Henry Sterne, to pay a fine amounting to 25 pounds, 
and further the costs of prosecution amounting to five pounds, 
and further, the costs of this levy, for which he has marked a 
handsome Grecian Couch, with pillows and covers complete 
which is valued for thirty -two pounds, also a handaome mahog- 
any dining table, valued at sixteen pounds, and which are to 
be sold at public sale on Tuesday next 

EDWARD C. BURGESS, CowiteWe, 
JOHN E. ANDERSON, Clsrk. 



Before proceeding further it should be noticed, that on 
Friday the 9th, while I was absent in Spanish Town, consulting 
with Counsellor Watkis about my trial respecting the wharf, 
which was to take place on Saturday the 10th. Miss Matthews 



lb 



the person who had unlasvfully taken forcible possession of a 
part of my premises, and whom I had indicted in the Quarter 
Sessions of Thursday the 8th, no sooner found me absent, but 
proceeded, to further acts of trespass. She now took possession 
of my horse stable, and made one of her apprentices take her 
horse and place into it. Mrs. Sterne noticing this from her 
house, called upon her special constable David Clarke, and gave 
him orders to go and tmn the horse out of the stable. David 
Clarke who had several times before, received abuse and threats 
from Miss Matthews, atfirstrefused to obey the order, but being 
urged by Mrs. Sterne, he obeyed, and immediately got a volley 
of abuse from Sarah Matthews, an apprentice belonging to Miss 
Matthews, and also a kept mistress of William Harris ; it must 
here be observed that both Sarah Matthews and William Harris 
were the parties against whom true bills for trespass and larceny 
had been found, only on the Thursday prior, through the instru- 
mentality of this David Clarke. Sarah Matthews further threat- 
ened Clarke in a menacing attitude, provoking him to fight, or 
to strike her, which, no doubt had he attempted either. Miss 
Matthews and family, who were looking on, would have fallen 
upon him, aud then taken ample satisfaction for his having given 
evidence against them at the Quarter Sessions. Clarke however 
acted more wisely, when he found himself thus beset. He at 
once said, as his master was from home, he would go up to Mr. 
White, the Special Justice (and which he did immediately) and 
lodge his complaint before him : Clarke knew that himself, as a 
Special Constable, was an of&cer under, and appointed by Mr. 
Special Justice White, and tberefore he not only looked upon 
Mr. White as His Majesty's Special Justice there appointed to 
look into all cases of complaints amongst the apprentices, but he 
also looked up to him as his commanding officer, who delegated 
to him, the power of a Special Constable, as by the following 
warrant or commission which Clarke held, (see the appendix) 
and to which he was most solemnly sworn to obey; therefore he 
fully expected to have been countenanced by Mr. White ; to 
have received his applause, for his patient conduct, and his as- 
sistance to redress the insult and attack of Sarah Matthews ; but 
instead of his receiving any redress or satisfaction at the hands 
of Mr. White, either as his commanding officer or special justice 
he got a severe reprimand, with a threat that he should he com- 
mitted to jail, which would teach him for the future, not to 
meddle in any matters with Miss MattheAvs, and at the same 
time, gave him the following austere and peremptory note to 
Mrs. Sterne. 

Kildare House, St. George, lOth January, 1835. 
Madam, — I request yon will attend at Buff Bay Court House, 
on Tuesday, thp \3fh instant, at JO o'clock, a.m., that I may 



76 



investigate the matter between jjoar servant, David Clarke^ 
and Sarah Matthews, the properttj of Miss Matthews. 

FREDERIC WHITE, SpecialJustice. 
3'o Mrs. Sterne, Buff Bay. 

It Avill be observed, I returned from town during the Friday 
night, or ratber 2 o'clock Saturday mornitig— on wbicb morning, 
at 10 o'clock, I had to attend the already mentioned trial of 
Lemasney v. Sterne. Mrs. Sterne partly told rne in the morning 
of what had passed in my absence ; but, being so occupied the 
whole day, I had no time to speak to Clarke on the subject. It, 
however, helped to convince me that a regular plot was entered 
into by the friends of Mr. Bell to work my ruin, and drive me 
out of the i^arish, and it also helped to make me more particular 
at the trial. The following Monday, the 12tli, was also a very 
particular day, which engrossed all my attention, the Constable 
having made a levy on my furniture for the fine and costs im- 
posed by these Daniel Magistrates, and my arranging every 
thing on closing up the Wharf from being- public. So that, on 
Tuesday morning, the 13th January, when Clarke applied to 
me, about his having to attend at the Court House on Mr. 
White, I hardly knew what to do. A.t first I felt indignant at 
Mr. White's austere note to Mrs. Sterne attempting to summons 
her forth in public, on such a matter, and declined allowing her 
to go. But the poor man, Clai'ke, pleaded so hard for me to 
allow Mrs, S. to go, that 1 enquired into the full particulars of 
the story, and , finding from Clarke, that Mr. White, iristead of 
promising him his support, as one of his Officers, had iworn to 
punish him,, and commit him to jail, 1 then determined at once 
to allow Mrs, Sterne to go, and to accompany her there myself— 
and likewise took my clerk, Mr. John Edward Anderson, who 
happened to be in the house on Friday when the dispute hap- 
pened, and would thus be a most excellent witness in the matter^ 

it happened to be a very wet day, the rain fell heavily, and 
the streets were covered with mud; nevertheless, as soon as we 
learnt the Court was opened, Ave all attended, when the most 
oppressive and disgraceful scene ensued. Mr. Justice White 
was on the Bench, and, as soon as he perceived us enter, with 
an oath he called the man David Clarke forward ; and, as he 
was the accuser, or comi>lainant, Mr. White made him take the 
Bible and swore him. Clarke gave a very clear aud plain state- 
ment of the facts, ivhich u-as at once simple and to the purpose . 
but ray being present, Justice White appeared staggered what 
to do : he commenced to scold the accused party, when up 
stepped a volunteer apprentice {whose kept mistress was Kilty, 
that also belonged to Miss Matthews, and whom Clarke had like- 
wii^e brought up before Justice White for bad conduct, only two 



11 



weeks btfore,) who stated lie was present, and gave Mr. White 
to understand that Clarke was as bad as the woman he accused. 
1 his was just what White wanted. He at once swore out to 
Clarke that he would commit him, and commenced to write the 
committal accordingly. On this 1 appealed to him, and soli- 
cited him to hear evidence on Clarke's behalf ; he was both noisy 
and sulky, but my being urgent, he allowed my Clerk, Mr. John 
Edward Anderson, to be called up and sworn, who fully corrobo- 
rated Clarke's testimony; but he (White J being fully bent, at 
any hasard, to punish the man, and^ under a feigned show for 
Justice, said lie would commit the woman also, and accordingly 
sentenced both the accuser and the accused to be put in irons, 
and to have one wcek^s hard labour in the Workhouse. I must 
say, I felt excessively indignant at this most unjust conduct, 
(bu t I IV ell knew what I was about, so as not to forget myself, as 
Mr. Whitens witnesses wished to make it appear I did, on the 
trials that ensued,) sol stood up and addressed his Worship, 
wishful to remonstrate, and saying I stood there in defence of 
Clarke, my apprentice, and hoped his Wors]iip would hear me . 
Mrs. Sterne, 1 now said, Avas there in obedience to his own sum- 
mons, which I then held in my band, and I entreated of him to 
hear Mrs. Sterne's evidence in his bebalf, but Mr. White was 
deaf to my entreaties, and at once, with expressions of malicious 
exultation, committed poor Clarke. I again and again urged 
upon Mr. White to release my apprentice Clarke, and called his 
attention to a circumstance which took place only a few weeks 
before, viz.- — Clarke, in his capacity as a Special Constable, had 
brought up before him an apprentice girl of Miss Matthews' 
(who was the very Kitty before named, or kept mistress of the 
volunteer witness, now against Clarke) for insolence and insub- 
ordination in my yard, and for v\fhich he, Mr. White, sentenced 
her to two week's liard labour in the workhouse ; but immedi- 
ately on the sentence being passed, in stepped his Honor the 
Custos, and having learnt wliat had just passed, and finding that 
the apprentice girl belonged to Miss Matthews, he interfered on 
lier behalf, and Mr. White, on his bare interference, called back 
the already sentenced prisonor, and let her go free. On my 
calling his Worship's attention to this fact, he flew into a most 
violent passion, and abused me from the Bench, in epithets un- 
becoming the character of an ordinary gerifleman, much less that 
of his Majesty's Justice in Court sitting. He said tome, Aye, 
Sir, you wrote to the King's House about this, did you not ? 
Now, then, you may go and write about this also. Whereupon 
1 denied the charge, and declared I had never written ought 
about him. He said he knew better, and ordered me immedi- 
ately to shut%y mouth, and quit the Court-house ; and that if 1 
did not, he would rommit me, and put me alongside ol my man 
Clarke. 



78 



Knowing him to be a most desperate, tyrannical tyrant, an 
the following case will, 1 think, warrant me in thus saying, I 
thought it more advisable to say no more but to take Mrs. Sterne 
out of his court, and submit the matter to the Governor. 

Extract from the Jail Book, of the Parish of Saint George, 

under date as follows : — 
13th December, 1834, — Committed, John Bewsha, a private 

in the Portland Police, by Frederic White, Special 

Justice ; to be double ironed. 
10th January, 1835. — Released, by order of L. D. Curtin, 

after 29 days' imprisonment. 

This poor man, Bewsha, had been sent with an express by Mr. 
Wm. Nethersole (who, by the bye, is a brother of Mr. White's 
particular friend, John Nethersole, of Kingston), from Portland. 
It was late at night, and quite dark when he reached Mr. White's 
residence, so he looked about for a place to sleep, and finding 
the necessary door open, he went in, and {here stretched himself 
out and slept, Mr. White, having got up very early in the 
morning, went to the necessary, and there found this poor fellow 
asleep. He awoke him with kicks, and bawling at him, in his 
usual strain, with tremendous oaths, so frightened the poor man 
as he awoke up from sleep, that he took to his heels and began 
to run ; Special Justice White always kept a body guard of po- 
licemen, with swords and guns at his quarters, called out upon 
them to pursue after the runaway ; they soon overtook, and 
brought him back ; he forthwith wrote out a committal, and sent 
him handcuffed to jail, with a strict charge to double iron him 
and keep him close, swearing he would teach the fellow better 
manners ; thus was this poor unfortunate, for no crime, no of- 
fence, but for having merely taken up a night's lodging in this 
mighty Special Justice's necessary, incarcerated in irons and in 
a dungeon, until this high and mighty justice should think proper 
to release him. He being, at this time, the sole Special Justice 
for the parish, was allowed to do as he pleased, by ail the local 
authorities there, as his favour was courted, to enforce the ap- 
prentices to work. 

The poor man being thus severely handled, both feet in 
strong iron shackles, and handcuffs on his wrists, and that too 
in a closely confined dungeon, in a hot climate, soon brought 
on fever, and in a few days the jailor was obliged to send word 
of it to Mr. White, with a request that the poor man might be 
released; but the only message he received back was, " damn 
the fellow, keep him there till I have learnt him better manners," 
thus the poor fellow was still kept in ; on the 22nd day of this 
severe ill-treatment Mr. V> hite called at the prisqj*, andordered 
the unfortunate to be brought out before him, he taking a seat 



79 



iu the laean while above in the Court house, the deputy jailor 
having' released him of his irons, ordered him out, but the un- 
fortunate was unable to lift himself up, being so sore and stiff 
from the irons and fever; Mr. White seated above had lost all 
patience waiting- for him, and kept vociferating out, " where is 
be, damn the fellow, bring him forward, &,c." the deputy jailor 
was compelled to get two of the jail negroes to help him, one at 
at each arm, to come forward; at length White espied bira 
being thus assisted forward, and he sung out, " aye, damn 
your eyes, you are shamming are you, well, you sba'nt sham 
with me, put him back, put him back, and when I call for him 
again, I warrant lie will come faster," the poor unfortunate was 
again put back, again double ironed, and how he survived is a 
matter of wonder, suffice it to say, White never released him, 
and I dare say never would, but the man became so sick, that 
on tbe 29th day of his confinement Mr, Curtin, the Inspector of 
Police for Saint George's, took upon himself the responsibility 
of releasing him, and when he was released, he was obliged to 
be carried in a cot to the police establishment of Saint George's, 
and there he lay for about six weeks before he could stand 
upright, and it was a miracle that he survived at all. 

This is but one sample of the amiable and brave Special 
Justice White, Lieutenant in his Majesty's Navy, &c., held up 
in the Colonial newspapers as the best Special Jusliee in the 
Island, and, finally, presented with a piece of silver plate, by a 
few of his beloved Parishioners, as a reward for his adjfnirahle 
dexterity in coercing the poor apprentices ^ late slaves^ into 
submission and obedience. 

Another case of atrocity, had nearly taken place only a few 
weeks before this, in the following manner, (but the party was a 
young man of some respectability, and the local Magistrates 
would not sanction Mr. White's attempt to incarcerate him ; the 
young man was of colour, but the son of one of the oldest and 
most respectable freeholders in the parish, and he himself was 
as respectable a lad as any there) : — Mr. Justice White was 
riding up the mountain district of the parish, and suddenly met 
up with this young gentleman in the road, who had got off his 
horse, and was making water. The young man was somewhat 
dark, and White assailed him in his bombast way, to know what 
he was about, what he was doing, and to whom he belonged ? 
The young man, indignant, answered him in return— Who are 
you? what are you. Sir? What, says Justice White, looking 
at his red cuffs and collar, do you not know me, His Majesty's 
Special Justice ; I will make you know me, Sir, and I will teach 
you to respect me Sir,so, having found out his name, he made an 
affidavit of the insult, as he termed it, and stated therein, that he 
had met up with this young man in the King's highway, openly 



80 



and indecently exposing himself; and having laid this belore the 
Gustos, and one or two otliers of the local Magistrates, he in- 
sisted tliat for his protection, and for example sate, in order 
to keep up his digiiity as a Special Justice in the parish, they 
should, by the po-^er vested in them under the Vagrant Act, 
commit him for one month's hard labour to the workhouse ; and 

d n my eyes, says he, publicly, in the Court-house, but I will 

attend the workhouse myself, and see that he carries the gold 

chain around his neck, and gets d d well worked. The Ma- 

g-Istrates refused to grant such a committal^ but advised White 
to bring it before the Quarter Sessions, and then, if the Jury 
found the young man guilty, they would commit. White actu- 
ally instructed the Deputy Clerk of the Peace to prepare an in- 
dictment for the Quarter Sessions against him accordingly. 

But in the mean while the young gentleman's father arrived 
from England, and being a particular friend of mine came to 
my house to be advised about it, and requested of me as a 
friend, to wait upon Mr. White, and endeavour to get the 
matter compromised; at his request I rode up to Mr. White and 
iutreated of him to let the matter pass off; White consented that 
he would, on condition of the young man's writing him an 
apology, expressing his regret for the past, I returned to my 
house, where both the father and the son were in waiting, and 
both were very thankful for my interference; the old gentleman 
immediately consented to an apology, so as to put an end to the 
affair ; but the son was at first indignant at it, and defied White's 
power to punish him. "What," says he, "it was he that insulted 
me, and not me him ," but the old gentleman was for peace, and 
commissioned me forthwith to draw up an apology for his son to 
sign, which I did with my own hand, and the son signed it, and 
I again rode up to ISIr. Justice White with it, which, when Mr. 
White received, he was satisfied, and expressed himself as 
thankful to me for getting the matter done away with as the old 
gentleman. I then got him, Mr. ^Vhite, to g-ive me a note ad- 
dressed to the Deputy Clerk of the Peace, ordering him to stop 
all proceedings against this young gentleman, and this note I 
gave to the young gentleman's father, on my return, as he still 
waited at my house till the affair was quite settled — thus I was 
fully acquainted with this fact, and had the satisfaction of re- 
ceiving the thanks of all parties concerned in it. ^^ liite, how- 
ever, had this apology read aloud in open Court of Quarter Ses- 
sions. Such icas his vanity. 

Another most unwarrantable case he also committed about 
this time ; he attended at Esher Estate in Saint Mary's, and on 
his being about to go away, something happened to the straps of 
his portmanteur saddle, so he hailed to one of the young gentle- 
men, a bookkeeper on the property, ;ind in a \ pry iniperilous 



si 



manner, ordereil liim to go and bring him some strins:, fhe young 
gentleman thus addressed, refused to obey, and turned up hi.«j 
nose in contempt. What ! says Justice White; by G — -d, Sir, I 
will teach you. Here, police, commit this fellow ; and was about 
to write a committal for him accordingly, when the overseer in- 
terferedj stating that it would be such a disgi-ace if that were 
done oflered to do anything else, in order to give him (White) 
satisfaction. Well, then, says White, discharge him. So I will, 
says the overseer, and White saw that he was discharged from 
the estate accordingly, This fact W^hite himself used to boast 
of having accomplished ; adding, by G — d, that is the only way 
to do these fellows. 

These are three sturdy cases of fact, of his handling free sub= 
jects, and many other minor cases I can also speak of. But what 
shall Ij or what can I not, say of him regarding the poor blacks? 
I \n\\ not here cite cases, but will content myself in referring back 
to my petition, addressed to his Excellency the Governor, under 
date 19th January, 1835, page 32, wherein I boldly assert,—^ 
" That your petitioner has personally seen the most dreadful 
and heart-rending lacerations for the most petty offences.'' 

I will only just add, that I have myself been present, when 
special constables have brought up apprentices before him, with 
a note from the overseer, lodging some complaint against the 
parties, whichj on his opening, I have heard him say, Aye, so 
you are brought up for so and so-^well, I will teach you, and so 
forth — and so at once proceeded to write a committal, and on 
the apprentice attempting to speak, so as to justify himself or 
herself, he would order them to shut their mouths, saying, I 
have got it here, in this here paper, so I will teach you all when 
ever you are brought before me. 

He was absolutely hated^ as well as dreaded, by the poor 
negroes. It was said in the parish that he did go, or ought to 
go, armed with pistols. Suffice it to say, nothing in my opinion^ 
but religion, which widely extends itself amongst the appren- 
tices throughout the parish of Saint George's, prevented him 
from being waylaid and assassinated. 

After he was dismissed by his Excellency the Goveraor, a 
small number of the planters in the parish, with whom, or by 
whom, he was idolized, raised a subscription of about £50, and 
blazoned forth in the newspapers that he was presented with a 
piece of plate. 

While this was going on in the higher circles, the poor ap- 
prentices rejoiced at his dismissal to an exceeding great degree ; 
they sent congratulations to one another from the different pro- 
perties ^ blazoning forth his numerous acts of wanton ^ savage, 



82 



and severe ill'treatments — on tnany estates they made large din- 
7i€rs^ killing their hogs and poultry liberally — and aftertoardi 
offering up solemn thanksgiving to heaven for his removal. 

No^, then, I ask the candid reader, if Ke can any longer 
wonder at my patience and caution tliroiigL the trial of Clarke, 
on the ISth ; or if he can, for a moment, doubt but that I must 
have been both patient, cautious, and respectful; not wishful in 
the slightest to have committed myself, considering the danger- 
ous ground on which I stood, with my sworn enemies surrounding 
me ; Cusfos Bell, whom J had impeached, looking oh, and the 
Judge on the Bench su;earing deadly vengeance, and full well 
knowing him to be the man who would put his threats into exe- 
cution. Witness the three foregoing cases cited, of which I was 
so intimately acquainted with. 



Having, therefore, taken Mrs. Sterne out of court, and seen 
her home, [began to feel most acutely the base injustice inflicted 
on my apprentice Clarke, and which I had not in my power at 
the moment to redress. And here let me ask, my gentle reader, 
whoever you may be, where that heart is to be found, so dead 
and callous, as not to have felt as I then did ? 

Having seen a second special magistrate at this moment ride 
up to the court-house, it instantly occurred to me, that by re- 
spectful solicitation and intreaty before this magistrate, I might 
have effected a release for Clarke, and willing to submit to an 
humble soZicttofion rather than have the poor ma.n so unjustifiably 
incarcerated, I at once returned to the court-house. 

On my entering Mr. White was still seated on the bench, 
with Mr. Fishbume the other special justice, on his left; I went 
up to the bench, and respectfully appealed, first addressing 
myself to the latter, requesting his kind interference, but White 
vociferated out to me "be off, be off," I still spoke to Mr.Fishburne 
but he appeared to be greatly agitated and confused at White's 
\-iolence, and spreading out his hands said to me, (while White 
continued to bluster,) " 1 know nothing of the affair, I am 
merely here as a looker on, you must speak direct to Mr. White, 
&c." but before I could get White to listen to a word, he had 
called upon the police icho were then in attendance with drawn 
swords, to force me out of Court, at the same time swearing, 
" by God Sir, you shall never put a foot in a court of mine 
again," and advised his associate Mr. Fishbume to act in the 
same manner, and never allow me to dance a foot into his court, 
" or if you do," says he, '* the fellow will icatch and report all 
your proceedings.'" 

I was seized hold of by the police and dragged or hustled 
out of the court-house, and accordingly returned home, much 



a3 



annoyed at such base treatment ; sometime after this, say in 
•omething less than an hour, I had learnt that the conrt had 
broken up, and as I had business to transact with Mr. Hossack, 
the collecting constable, who attended at the court-house that 
morning, and made it a practice of attending there on Tuesdays 
to transact business, I again went up to the court-house ; this 1 
think was about 2 o'clock. 

At this time I found the court was broken up, the keeper 
of the court-house had already shut up some of the shutters and, 
was going on to a final close, the two special justices were in con- 
versation with several individuals who had assembled in a cluster 
but as soon as they saw me enter they separated from them, and 
walked to and fro in the court-house ; White vociferated owf , 
asking what I wanted, and damned me for again returning^ 
asking further, if he had not given me orders never again to set 
my foot in his court, and calling upon the police^ he ordered 
them to turn that damned vagabond fellow out, abusing me in 
the most opprobrious and unmerited terms ; at this time finding 
there was no court sitting, 1 said I had equal right there as 
himself, he became so violent, that I at first thought he was 
going to lay hands upon me himself, but he swore at the police y 
and insisted upon their seising hold of me, which they imme- 
diately did, roughly handling me, and violently dragged me out 
of the court-house. 

Being thus insulted^ contemned, and lowered before a large 
assemblage of ray fellow parishioners, and that too, whilst I was 
only in the just and lawful exercise of my duty, nay, I might 
say, my solemn and sa.cred duty, towards my innocent appren- 
tice, I leave it to yourself gentle reader, to picture the state of 
my feelings; here was I on the 7th and 8th denied even-handed 
justice by a bench of magistrates; on the 10th brought up before 
that very same body of magistrates, and most wantonly and 
illegally fined in a heavy sum of money; on the 12th my furni- 
ture seized upon by a constable, and advertised for public sale, 
to pay this illegal fine; and on this day the \3th, my faithful 
servant and apprentice seined upon, barbarously loaded with 
irons, and ignominously degraded, chained to felons, (that is 
negroes condemned to work in chains for life) and there with 
them condemned to hard labour for one week, and this too done 
by one of the same three magistrates, and all for what, but for 
only being faithful to his duty, 1st a^ a staunch witness on my 
behalf, and 2nd for obeying the orders of his mistress, and 
protecting her and my property from violence and trespass, 
whilst I was absent from home. 

Besides all this severe ill treatment to myself and my 
apprentice, I also sustained injury of a most serious kind, for 



84 



in cousequeore, mp neighbour s and even those who were, friendly: 
towards me^ were afraid to hold any communication with me, 
lest they should draiv upon themselves the tremendous power 
exercised by Mr. White at his mere whim and caprice ; my clerk 
left me, and I was pointed out throughout the pqrish as one 
disgraced by the special magistrate. 

On Wednesday the Hth I took liorse and posted ofFtotown, 
intending at first to wait upon His Excellency the Governor with 
a complaint, but having met wth an intimate friend in Kingston, 
who by the bye is also a Magistrate for Saint George's, I was 
dissuaded fom such a step, and preferred addressing him a me- 
morial in due form, which I did. (See page 29). I went on to 
Spanish Town to my solicitor^ Mr. Harvey, and there with his 
assistance, I prepared my affidavit, (see page HI), and had all 
the other necessary papers prepared on proper stamps, for the 
obtdning of a writ of certiarori to quash the proceedings of the 
mock summary trial of the ICth But when 1 returned back to 
town I was reminded of the vindictive disposition of Sir Joshua 
Rowe, the chief Justice, , who was bitter against me for having 
about 12 or 18 months before, sent him an action for a large 
account which he had been long owing me; at same time re- 
minded of the power he had of refusing the writ and saddling 
me with costs which would have been considerable, my solicitor 
alone requiring from me forty or fifty pounds before he moved in 
it. On consulting therefore with Counsellor Watkis and finding I 
had good cause of action against the three magistrates /or sigrmwgr 
the illegal warrant for fine and costs {seepage 63). I determined 
on sending them such action immediately /or the Saturday then 
coming, say Saturday the llth, was the last day of summoning 
for the ensuing grand court. I now employing Messrs. Mowat 
and Read, solicitors of Kingston who prepared the actions, 
Counsellor Watkis settled them and they were sent out ac- 
cordingly. 



The following appeared in the Watchman's Newspaper of 
Wednesday, the 21st January, 1835, 

EDITORIAL REMARKS. 

We would call the attention of 'our readers, and the 
executive to a communication in this day's impression signed X. 
Y. Z. and having reference to the conduct of Mr. White, the 
justice for Saint George's. 

If the statements made in that communication be correct, 
and we have no doubt they are, Mr. Whitie's conduct has been 
most infamous. He has been grossly unjust in his decision in 
the case of Mr. Sterne's apprentice, and has also committed an 
act of tyranny and oppression, in incarcerating one of the police, 



85 



a white man in jail for twenty nine days, for the henious crime of 
falling asleep in his out office. 

Were it not that we believe the writer of the article in 
question incapable of preferring charges of so grave a nature, 
unless satisfied of their authenticity, we should be led to conclude 
that it was impossible that any individual, not an absolute fool or 
madman, would dare to act in the manner Mr. White is repre- 
sented to have done in the matters alluded to. 

Mr. Sterne, we hope, will bring the conduct of this special 
before his Excellency the Governor, who, we are persuaded, will 
not tolerate such conduct in him, or any other. Eilher ilie 
woman was guilty or she W2S not. If the former, then she should 
have bfen punished — if not^ discharged. On the other hand, 
when the charge was brought against Mr. Sterne's apprentice, 
after hearing the evidence against him, Mr. White was bound in 
duty, and by every principle of justice, to hear all that could be 
urged in his defence, instead of hurrying the complainant and 
the complained against to the workhouse, in the manner repre- 
sented. Then, Mr. White must be taught that his is not a 
Court of Star Chamber, but an open one, at which every one 
who choses has an undoubted light to attend, either for his own 
pleasure, or for the purpose of reporting his conduct and deci- 
sions, either for the press, or tommunications to his Excellency 
the Governor. These devil-me-care gentlemen, of whom Mr. 
White appears to be one, must be tauglit good manners, and 
that respect for the rights and feelings of others, so necessary 
to secure respect for their own. It is not to be endured, that a 
tnan, whether rich or poor, is to be ordered out of a Magis- 
trate's Court, and forbid in future to tnter it, in (he same man- 
ner Mr. Sterne has been. This sort of conduct must not be to- 
lerated. It need not be, when the means of redress arc at hand- 

With regard to the case of the injured policeman, we have 
only to say, that, being under the immediate protection of his 
Excellency the Governor, it is not likely that Mr. White's con- 
duct will escape unnoticed. We have yet to learn that any such 
power as that exercised by him is permitted by any law, or rule, 
or regulation in existence for the governance of the police, and 
whether any body of men would long continue to be treated in 
the manner represented. 

The charge against Mr. White is fourfold — 

1st — For injustice towards Mr. Sterne's apprentice, and il- 
legal imprisonment of him. 

2nd — For infamous and disgraceful treatment of Mr. Sterne 
himself, in consequence of his defence of his apprentice. 



Sd — For an assumption of power not vested in him, in pro- 
hibiting that gentleman from visiting his court ; and, lastly, 

4th — For the unjust and illegal, and cruel incarceration of a 
policeman in the jail, in irons, for a most trifling oflFence, if, in- 
deed, it can be called an offence at all. 

To the Editor of The Watchman. 
Sir, — xVllow me to give you a sample of the injustice and 
oppression which occurred at Buff Bay, on Tuesday, the 13th 
instant. A more oppressive and tyrannical instance than that 
which I am about to relate has, probably, not occurred since the 
special magistracy have been sent out to this island. 

Mr. Sterne, a i-esidenter here, was, last Friday week, in 
Spanish town ; during that day a troublesome landlady of his, 
who had been taking forcible possession of a part of his pre- 
mises, presumed to take further possession of his horse-stable. 
Mrs. Sterne very properly called upon her servant, who is a 
sworn special constable, to go and jjut the horse out, and fasten 
the stable. The poor man, who had before received abuse from 
the lady, and threats from Mr. White, the special magistrate, for 
having been too faithful to his trust, now told Mrs. Sterne that he 
was afraid ; but, however, being further urged and ordered by 
Mrs. Sterne, he obeyed, and immediately got a volley of abuse 
from an apprentice woman belonging to the lady, and who, by 
tlie bye, had been only on Tliiirsday before at the Quarter Ses- 
sions publicly convicted of larceny on Mr. Sterne's property 
through the instrumentality of him, the said special constable ; 
she further threatened him in a menacing attitude, and the poor 
man said, rather than put up with such, he would go up to Mr. 
White to complain; he went up accordingly, but instead of any 
satisfaction, got a reprimand, with a threat that he should be 
committed to gaol, and a most severe and peremptory note from 
Mr. Special Justice White to Mrs. Sterne, calling on her to at- 
tend, as on Tuesday last, to give evidence in the matter. 

Mr. Sterne returned from Spanish town, and found matters 
thus, and would not have suffered Mrs. S. to attend at the court 
house, at the instance of this note, but only for the purpose o f 
seeing his apprentice righted, well knowing the malicious spirit 
raging in the breast of Mr. Justice White against this poor man, 
and likewise against himself. Tuesday came — the rain fell 
heavily, and the streets were heavy with mud; but Mr. and Mrs. 
Sterne obeyed the mandate of the Judge, and attended at the 
court. As soon as the apprentice and parties were descried, an 
oath was uttered, calling the former to the bar. He being the 
accuser, was sworn, and stated the simple facts, but the Judge 
/lad previously made up his mind ngaivst him. A volunteer ap- 
prenlicc, of » second person, stepped up and challenged him as 



8/ 



havino-beenasbadas th^vvomau he vvas accusing; whereupon Mr. 
Justice White swore out against him, saying he would now convic-t 
him. On this, Mr, S. required of his Worship to hear evidence 
on his behalf, and accordingly called up his clerk, a Mr. John 
E. Anderson, who happened to be in the house at the time of the 
abuse. Being sworn, be clearly proved the woman in fault, but 
this would not do for Mr. Justice White. Finding Ms jrrty 
about to escape, he said he tvould commit the nco, the accuser 
and the accused. Mr. S. then got up, and requested his Wor- 
ship to bear the statement of Mrs. S., whom he had summoned 
there for the pui-pose of giving evidence. His Worship put one 
question, and finding thereby his prey must escape, refused to 
listen further, but immediately committed tbe poor man and the 
accused for one week in the workbouse. Mr. Sterne called upon 
bis Worsbip to stay sucb a procedure, stating, he stood there in 
defence of tbe poor man, bis apprentice, and insisted on being 
heard on bis bebalf. Tbe Judge declared he bad already com- 
mitted him, and if Mr. S. dared open his mouth further, he 
would likewise commit bim. Mr. S. replied, by calling bis Wor- 
ship's attention to a case that had happened only a few weeks 
before, viz. — he, bis Worship, bad committed a prisoner for two 
weeks to hard labour, but immediately after sentence bad been 
passed in stepped his honor the Gustos, and, at bis bare inter- 
ference, Mr. White called back the prisoner, and let her go free. 
At Mr. S. calling bis Worship's attention to tbis fact, be flew 
into a violent passion, saying to Mr. S., Aye, Sir, you wrote to 
the King^s House about that, did you not ? Now, then, you may 
go and write about tbis also ; and, on Mr. S. declaring be bad 
never written a syllable about him, Justice White, be swore, if 
be dared speak again be would commit bim, and ordered the po- 
lice then in attendance to bustle him out of his court. Mr. 
Sterne took Mrs. Sterne out of the court, and then returned ; at 
tbis time a second special justice bad arrived, and Mr. Justice 
White, as soon as be saw Mr. S. come in, ordered the 
police to seize bim and put him out, at tbe same time advising 
bis friend never to permit Mr. Sterne to put a foot in a court of 
his, for that be would report his proceedings ; and further gave 
orders to the police never to permit him to set his foot again in 
any of his Courts. 

ThuSyMr. Editor, has justice been vilely abused, by one of 
the very men sent out to uphold it. Through malice the poor ap • 
prentice had been committed to prison ; and Mr. S., because he 
is suspected of reporting such oppression and injustice, is scanda- 
lously insulted, and shut out from all future special courts of jus- 
tice. What will the people of England say to this ? Was not 
Mr. Justice White ashamed of his proceedings from time to time, 
would he be afraid of fxposurt f 



ss 



This ^eutleraan's ulcknarue amongst the apprentices is, the 
Saint George's devil f he himself has asserted in the pubUck 
court house, that he was thus designateil by many wlio saw and 
pointed at him in Spanish Town. This same gentleman, Mr, 
Editor {ivill humanity credit it) had a poor unfortunate police 
man, a white man, who liad been sent to him on an express 
fi-om Portland, whom be found asleep in his necessary, committed 
to jail and placed in shackles, and double ironed for 29 days j 
on the 22nd day be attended at the court-hcuse, and ordered 
him up, to scold and release bim, but being weakened and stiff 
from tbe eifects of the irons, be was scarcely able to crawl, and 
because he did not come fast enough he ordered him back for a 
further week, making it in all 29 days; he was released last 
week more dead than alive. 

Buff Bay, St. George's, X. Y Z. 

January 17, 1835. 

THE READER is particularly requested to attend to the 
dates in this matter, as by it he nill more clearly see into the 
very great injustice acted towards me by Sir Joshua Ron-c, the 
Chief Justice, in my second action ag ainst Swire and others. 

Monday 12. — The first levy on my furniture made tbis day. 
Tuesday 13. — White's first attack upon myself and appren- 
tice. 



Thursday 15 "i In Spanish Town with my solicitor, preparing- 

Friday 16 3 papers to obtain writ of certiorari. 

Friday 16. — In Kingston, decided with counsel, and em- 
ployed Messrs. Mowet and Read as my solicitors, to 
send out my action against the magistrates. 

Saturday, 17 tb — The last day of summoning for February 
Grand Court for Saint George^ s, and on ivhich day niy 
action came out from the Provost Marshall -GeueraPs 
office. 

Tuesday, 20th — My furniture, u'hich was first levied on, 
and for which the present action was'brought, tvas this 
day sold at public sale, only realising £24. 

Wednesdayj 21st — The Magistrates received their actions 
this day at the hands of the Deputy Marshall. 

Thursday, 22nd — On this day the Magistrates ordered a 
furtlur levy to be made on my furniture, in consi ^ 
quence of the first levies not realising sufficient to cover 
the fine and costs, notwithstanding they zvere already 
served with the first action — and they boasted about the 
parish, that J would have all the costs to pay, as the 
last clause of the ivharf law prevented any other court 
from interferiiiq. 



89 



■-Friday SOtli the 2ad, Levy of my Furniture was soldo 
TUESDAY, 20th JANUARY, 1835. 

This was the day on which the first levy of my furniture, 
which was made by the constable under warrant from the ma- 
gistrates, was sold. It had been advertised to be sold a tthe 
court house at 10 o'clock A.M. 1 attended there with numerous 
others. Mr. White was sitting there as a special justice on the 
bench. 1 had no sooner entered the threshold, than I was sin- 
gled out by Mr. White, from the crowd, and bawled at by him 
to know what I wanted there, and enquired if I wanted him, Mr. 
White. Perceiving that his, Mr. White's, object was to pro- 
voke me to an intemperate reply, 1 remained respectfullysilent. 
Mr. White instantly called upon the police, who icere then in 
attendance^ with drawn swords^ and ordered them to lay hands 
upon me and put me out. T, as became any subject of the 
King, declined going out, as I had as much right there as any 
one else, and laid hold on the bar rails, Mr. White swore at the 
police for not forcing me out, when three of them took hold of 
me, and dragged me out of the public court-house ; when they 
had put me out of the court-house into the front lobby, where 
iny furniture was being sold, I insisted on remaining there, so 
the police let me go ; Mr. White perceiving this swore at them 
again, and told themtoput ''THE DAMNED FELLOW" out 
into the street, and not allow me to remain under the roof. 

The police then again took hold of me, and by force they 
dragged me out into the street, and there I remained to see the 
result of the sale of my furniture ; during the time I was wait- 
ing in the street at the door, the Honoiirable Mr. Bell came up, 
and I called upon him, to know if it was byhisordersor sanction 
that Mr. White had thus acted ; telling him the whole story, 1 
reminded him that I had paid heavy taxes, the same as others, 
and I considered I had the same right to resort to the court-house, 
as well as the numerous other persons then there ; Mr. Bell said 
he could not interfere ; there was a very large attendance of the 
parishioners at the court-house this day, consequently my 
feelings were severely wounded by such barbarous treatment; 
Mr, Dunbar, the deputy clerk of the peace, who was close to 
the justice's seat, took the liberty of publickly remonstrating 
with Mr. White on this occasion, on his illegal illtreatment of 
me. 



SATURDAY 24th, the followiiig appeared in the editorial 
remarks of the Watchman. 

Mr. White the special magistrate for Saint George's, has 
brought matters to a climax with Mr, Sterne, by ordering the 

M 



90 



police to turn him by force out. of the court-house ; Mr. Sterne 
has we understood, memorialized the Marquis of Sligo, and it 
will now be seen whether this gentleman will be permitted to act 
in the manner stated, with impunity. 

We regard this matter not merely as a dispute between Mr. 
White and Mr. Sterne, but as involving- the important question, 
whether a special justice is to be permitted to exclude persons 
from his court at his mere whim and caprice, and also whether 
the police, which is paid for by the inhabitants, are to be used 
as the means of insulting and oppressing those by whom they 
are paid, because ordered to do so by a special justice ! ive know 
that Mr. Sterne has his remedy at law against both Mr. White, 
and the policemen who executed his order, in forcibly ejecting 
the former from the court-house : in a case like this however, 
we do not think that the injured party should be put to the 
delay and inconvenience consequent upon the institution of legal 
proceedings ; of course until the Governor's reply is received 
nothing can be determined upon ; but as Mr Siemens case to 
day, maybe that of any other person to-morrow, we seriously 
call upon the inhabitants of Saint George^s, to adopt measures 
for the maintenance and protection, of their rights, as British 
subjects. 

A society for that purpose ought immediately to be formed, 
and subscriptions commenced, in order to raise a fund for the 
payment of such expences as a resort to legal measures may 
occasion ; by these simple means the tyranny of men in 
power may be checked and punished, and as there are other 
men of like disposition with Mr. White in the Island, there 
would be no hai-m in forming a similar society in every parish ; 
were this done, and a determination manifested to curb insolence 
and check tyranny, whenever, and wherever found, those who 
are desirous of offering the former or perpetrating the latter, 
would soon find it to be their interest to avoid doing so. 

We hate tyranny and oppression in every shape, and there- 
fore call upon the public to check this disposition to exercise it, 
in the bud. Acts such as we complain of, if once permitted 
will be continued. Each case will form, a precedent for another, 
until at last the insolence of the parties will become unbearable. 

It cannot be objected, that we are opposed to the special jus- 
tices. We would support and defend them in the legal and 
proper exercise of their duty. When, however, they overstep 
the limits of their authority, and set law, reason, and justice 
aside, following the impulse of their own passions, and 
outraging the feelings, and trampling under foot the rights, of 
their fellow-men, they must expect the WATCHMAN to lift up 



91 



his voice against them. The moment they commence to be ty- 
rants, from that moment we commence hostilities against them ; 
nor will we cease to expose their misdeeds until our voice is 
heard across the wide Atlantic, even by those who have the 
power and the disposition to redress the wrongs of the meanest 
of his Majesty^ s subjects. 

Again, we repeat, Mr. White must not be permitted to act 
as he has done — to establish a Court of Star Chamber or inqui- 
sition here. He is a British Magistrate, appointed to administer 
British laws in a British colony. Hundreds in that colony know 
the extent of his authority, and understand fully as well as him- 
self the laws he is appointed to administer, and they most cer- 
tainly will not permit him to set them at defiance and substitute, 
in their stead, his mere will and caprice. His Court is an 
open one, and he cannot legally prevent any person whatsoever 
from, attending it, nor is there anything in the letter or spirit of 
the abolition act which renders secresy necessary. The surest 
method of securing a fair and impartial administration of the 
law is, by making the decisions of the Magistrate generally 
known, and the subject of public discussion, and reprehension, 
if necessary. Mr. White knows this, and we cannot help think- 
ing that it is this knowledge which induces him to exclude Mr. 
Sterne from the court, whom he suspects willing and capable of 
exposing whatever he may consider improper. We do not wish 
to form uncharitable conclusions ; but Mr. White's own good 
sense must satisfy him that his conduct is capable of no con- 
struction other than is unfavourable to his character as an up- 
right and honest judge. We leave this subject for the present, 
promising to return to it as soon as we have learnt the decision 
of his Excellency, the Governor, but trusting that such means 
will be adopted by his Excellency as will render a repetition 
of the conduct complained of unlikely, if not impossible. 
TUESDAY, 27th. 

On this day, the aforesaid Magistrates, Frederic White, 
Roger Swire, and Robert Baugh, assembled at the Court- 
house, and consulted together with the Deputy Clerk— ©f the 
Peace and the Constable (for the whole five had actions sent 
them by me, in regard to the first levy) as to the mode of pro- 
ceeding they were to adopt in defence of my actions , Messrs. 
Baugh, Swire, and the Clerk of the Peace, Dunbar, employed 
Messrs. Hill, Davis, and M'Neil ; and Mr. White, with the con- 
stable, employed Messrs, Whitehorne, Forsyth, and Anderson, 
calculating that, as they thought I should be saddled with all the 
costs, two sets of attorneys would make the bill of costs larger. 
The Constable was the only person who appeared to dread the 
consequence of this action, and he this day solicited the 
magistrates to bear him harmless, at same time he paid them 



92 



over £24 the sum which the first levy of furniture had rta^ 
lized, and cautioned them as to the second levy^ stating that I 
had declared I would ^ next Court ^ send them a further action 
for this second levy; hut, notwithstanding this caution, they 
ordered him still to sell the second levy^ which they at this time 
had in their power to put an end to, for it was only advertised 
to he sold on Friday, the 30th. 

LEMASNEY, the Informer, being there, the Magistrates paid 
him over the £24, on account of the fine, stating that as soon as 
the other levy was sold, he should get the remaining 20s. 

asSitt) tl)i0 £25 ant, it txsm wmmonlp xt- 
porteS3f t^rougJjout tpe parts!), %tmmnt^ 
t)oug]^t a ca0lfe of tpine, antr t^mt prettp 
i^agistratee, UJitft t\^t (S^ustoe, Mt. UtU, 
antr 510 trotB^r=itt=latD, Mx. igosaclfe, ^t= 
mmnt'Q^ frientre, u^tXs to m^tm'bXt tog^= 
i\^tx of an t\^tmnq, antr regale fi^tm^tXtst^, 
ijoasting fjoUj nitelp tftep Ijatr got tt)at out 
of tne, antr tDliat a fool C Ujae for IjaUing 
sent tftetn tfte actions, Ujfjen t!ie last clause 
of tje lalij so e:cpresslp KeclareU t^at tfiere 
Ujas no appeal for mu 

It must here be noticed, that I was cautioned by a friend 
this day not to go to the court-house, for that White had given 
strict orders to the constable, not to suffer me to put a foot tliere, 
and if I did to handle me well"=-/or, says White, I receiv^ this 
letter (shewing one) from the King's House by last Sunday''s 
post, directing me to watch the fellow well, and by no means to 
permit him to enter my court, as he is a dangerous character, 

I was aftei wards waited upon by a respectable proprietor, 
who told me White had shewn him the letter, and he had read 
it, and it was such an one, he said, that, had he not seen and 
read it himself, he would not have believed that the King*s 
Hous". could have sent forth such ; he even offered to undertake 
to get me a copy of it, if I wished it. But at this time I treated 
it contemptuously, and did not press for it, as I thought I should 
soon be able to overcome all the malicious attempts made 
upon me. 

TUESD\Y, 3rd of FEBRUARY, 18S5. 

Tuesdays being the days appointed by the Gustos, for two 
or three magistrates to sit at the court-house in Petty Sessions, 
(besides which the special justice held his court there on these 
days) I, on this day, therefore attended there, for the purpose of 
doing business with the magistrates in petty Sessions, under the 
new Petty Debt Act; it was rather a wet morning, and I did not 
go till between 11 and 12 o'cjoclc, on purpose that some local 



93 



magistrates iinif^bt be there; on my entering Mr. VVhite was 
sitting; at the table (not on tbe judges seat) habited with a black 
coat on as a private gentleman, (not in the uniform as a special 
justice) ar^d in conversation with the two Messrs. SoUas's ; 
the moment Mr. IVhite saw me enter^ he jumped up and pa- 
raded the Court-house^ and demanded to know what right I 
had in his Court ; 1 perceived he was in a rage, and did not 
deem it prudent then to answer him, Mr. White then swore at 
me, and I then replied, that I came there to see the other Ma- 
gistrates on business, and not him, Mr, White replied, there 
are none here, sir, so be off, be off. I did not reply, but leant 
on the "bar rails; White, seeing I did not go out, again swore at 
me, and as there was no police there at the time, he called upon 
the constable, and ordered him to put me out. The constable 
was shy to act, but White urged upon him ; he then came up to 
me ; I said, you had better not put hand upon me ; Mr, White 
again swore, and roared out, *' Damn the fellow, put him out^ 
lay hold on him ; I will bear you harmless ; I have the Go- 
vernor'' s authority to put him out ; if he wants law, he shall 
have enough of it ; with this, Mr. Edward C. Burgess, the pa- 
rish Constable, laid violent hands ujjon me, and dragged me 
from the bar rails, and put me out. When outside, I sent in, 
by the constable, to Mr, White, a summons for him to sign 
under the new petty debt act, so as to show him the purport of 
the business for which I was then in attendance ; but Mr. White 
would not sign it, although he was in the constant habit of 
signing summonses for other people, and returned it, saying, I 
might wait in the street tjll some of the other Magistrates came, 
and then I may get one of them to sign it. I had to wait in the 
street accordingly, but none of the local Magistrates came, 
so I was compelled to go home, leaving my business undone. 

Besides all these personal attacks and injuries, I mas cru- 
elly injured in my character, through Mr. Bell's and Mr WTiite's 
joint gross misrepresentation ; as a proof of which^ Colonel 
Moody, of the Saint George's regiment, recommended me to His 
Excellency the Captain General, to fill a vacant Ensigncy in 
his regiment, but in consequence of the aforenamed represent- 
ationSy then laying before His Excellency, prejudicial to my 
character i His Excellency refused to attend to the ColoneVs 
recommendations. 



About the end of January, being thus situated at Buff Bay, 
and seeing nothing but ruin staring me in the face, His Excel- 
lency the Governor refusing to interfere on my behalf , or attend 
to the prayer of my petitions, which injured me more than if 
1 had not petitioned at all, and the Receiver of Kildare Estate, 
countenancing Mr. Lcmasney in his most shamelvl conduct of 



94 



pocketing the heavy fine, and not atteuding to the Hon, Wm. 
Miller's request, '* of doing what was right in the matter for 
mc ;^^ and then the heavy rent of the wharf still running on, 
and my Clerk having left me out of fear for Mr. White, I 
thought it most advisable to endeavour to get the wharf off my 
hands. I accordingly offered it to Mr. Burgess, who went round 
to the Gustos, Lemasney, and others, and ascertained from them 
that they would not molest him for want of weights, &c. ; and 
then agreed with me to take it off my hands ; but they would 
not be satisfied that all was right until I had given them a re- 
gular assignment of my remaining term to run, on stamp ; which 
I did as follows : — 

ASSIGNMENT OF WHARF. 

Buff Bay, 30th January, 1836. 

To Mr. Edward C. Burgess. 
Sir, — I do hereby assign over to you, from this date to the 
5th day of August next, being the termination of my year's te- 
nancy, all my right, title, and claim, as tenant to the wharf, 
stores, and other premises, at present tenanted by me on this 
bay, belonging to Kildare Estate, in consideration of your mak- 
ing good to the Honourable William Miller, and Anthony Davis, 
Esq., the amount of rent, which may be due for such to that 
date, agreeably to your letter, to that effect, to me of this date. 

I am. Sir, 
Your most obedient servant, 

HENRY STERNE. 

NOTICE TO LEMASNEY 

Buff Bay, January 30, 1835. 
To M. F. G. Lemasney, 

Sir, 

This is to give you notice on the behalf of 

the Honourable William Miller, and Anthony Davis, Esquires, 
that havinq been compelled to shut up the wharf, tenanted by. 
me from them, to the 5th of August next, in consequence of the 
oppressive and illegal conduct of the magistrates towards me, 
at your instance, and not being wishful that the community in 
this neighbourhood should he made sufferers thereby, I have 
assigned over the remainder of my years tenancy to Mr. E. C. 
Burgess, who has engaged with me, to make good to you, for 
the aforementioned gentlemen, the rent which may be due to 
the 5th of August, after wliich date you will be pleased to con- 
sider me no longer the tenant of same. 

I am Sir, your obedient Servant, 

HENRY STERNE 
P.S. Mr. Burgess intends opening the wharf again as a 
publick one, on his own account. U.S. 



95 



It mil here be proper to point out to the reader, the verjr 
serious injury I here suffered in giving up the wharf; the returns 
of this wharf are about £800 per annum, but the bulk of it, is 
from January to the 1st of August, after the 1st of August the 
crops being all over and the ships all sailed, there is no produce 
sent to the wharf until January comes round again ; now I had 
unfortunately only taken it on the 5tli of August, and held- it 
during the dead season ; the whole amount that I had received 
for that period, which was from 5 to 6 months, was only about 
£60 which was not sufficient to pay my expenses ; as a further 
proof, Kildare Estates wharfage is about £80 per annum, and I 
had only received on account of it during the time I held it, 
from 6 to 7 pounds thus this fellow Lemasney, the Informer, 
regularly robbed me of four times the amount I had been 
earning from the estate; and the real loss to me, in having to 
give up the wharf, was full £600, independent of fines, &c. 



FIRST ACTION. 

Document No. 1. 

dFthvxx^v^ ®erm, 1835. 
Sterite, f^ntrj), ij* Jblutr^, looser, $c M. 

Jbttrrg to biiu ) 

HENRY STERNE, Esquire, the Plaintiff in 
this suit, by Edward Charles Mowat his attorney, complains of 
Roger SwirO; Frederick White, Robert Baugh, Robert Dunbar, 
and Edwd. Cooper Burgess, Esqrs. (the defendants in this suit) 
of a plea of trespass, for that the said defendants heretofore,to 
wit on the I2fh day of January, in the year of our Lord, 1835, 
with force and arms, in the parish of Saint George, in the county 
of Surry, seized, took and carried away, certain goods and 
chattels, to wit, 5 couches, 5 sofas. 5 sofa covers, 16 pillorvs, 
and 5 tables, of the said plaintiff of great value, to wit of the 
value of two thousand pounds, there found and being, and con- 
verted and disposed thereof to their own use, and other wrongs 
to the said plaintiff, then and there did, against the peace of our 
Sovereign Lord the King, and to the damage of the said plain- 
tiff of £2,000, and therefore he brings this suit, fee. 

EDWARD C. MOWAT, 

Plaintiff^s Attorney. 



ATofg.— -This action having been thus settled by Counsel, 
and sent out through the Provost Marshal General's Office, on 



96 



Saturday, the nth January, was seryed upon the Defendants, 
by the Deputy Marshall, on Wednesday, the 21st, all prior to 
the second levy having been made^ the constable himself being* 
one of the defendants, had his action in hand, which he shewed 
to each of the three afore-named Magistrates, cautioning' them 
not to proceed, and soliciting their protection in consequence of 
his obeying- their orders. This is here "particularly noted^ to 
shew the injustice of Sir Joshua. Rowe^ in my second action. 

Matters remained thus, until the April Surrey assize court 
came round, when Price Watkis, my counsel employed, received 
his brief, of which the following are the heads : — 

PLAINTIFF'S CASE, 

Document No 2. 

It appears that the plaintiff kept a wharf on Buff Bay, at- 
tached to Kildare Estate, wbich he rented from the representa- 
tives of that property, and that, owing to the ill will of the 
overseer of the parish, a Mr. Lemasney, Mr. Sterne was pro- 
ceeded against under the wharfage law, 44th, Geo. III., chap. 
15, and fined £25, and £5, costs of the prosecution ; and a 
distress warrant was accordingly issued against him, and there- 
underthe goods mentioned in the action w^ere levied on and sold. 

Subsequently J other goods were levied on and sold^which lat- 
ter goods do not, however ^ form any part of the trespass now 
complained of, as they were levied on since the issuing of the 
action, ^'c. ^c. <Sfc. 

WEDNESDAY, 15th April, 1835. 

On this day, in the Surrey Assizes, this first action of mine 
listed in Court, as Sterne v. Swire and others, came on to be 
heard ; the following composed the Court and Jury ; — 
THE COURT. 

^ir 3l0S5flMa ItOUlt Knight, Presiding Judge. 
Assistant Judges— The Hon. 3?0fVn M^ifi X ^tttOV 
Mittfltll ; and WiMing^, Esquires. 
THE JURY: 



1 Allen Kennedy, 

2 D. M'Kenzie, 

3 J. T. M'Dougall, 

4 John M'Lean, 

5 George Good, 

6 John F. Morrison, 

7 James Russell, 

8 J. H.Smith, 

9 Abraham Pinto, jun. 

10 Archibald Mitchell, 

11 C. W. Oshorn, 

12 W. Ross, 



of Saint Andrew, 
St.Thos., in East 
Saint David, 
Saint George, 
Kingston, 

Ditto, 
St. Andrew, 
Kingston, 

Ditto, 

Ditto, 
Port Royal, 
St. Thos. in East 



a carpenter, 
planter, 
carpenter, 
planter, 
brickmkr. 
cabinetrar 
planter, 
sculptor, 
retailer, 
shipwrigh/J 
planter, 
carpenter 



97 



The cause having been called over from the court list^ my 
witnesses, and all other parties concerned, being in attendance^ 
PRICE WATKIS Esq., in a very masterly manner, opened the 
pleadings as my counsel. Hegavetlie court andjury to understand 
that this was a case or action for trespass, against tae defend- 
ants, who, in their capacity as Magistrates, had caused the 
goods of the plaintiff to be levied on, under an illegal wai-rant, 
In fact, that they stood charged with having exceeded their 
jurisdiction in toto; that they had, in a most illegal manner, 
caused the plaintiff to be 'brought before tliem in a summary way, 
and then in a most cruel and unjxistijiahle manner^ imposed a 
heavy fine, with costs^ for an offence^ if it could possibly be 
termed an offence, over rvhich the law gave them no power 
Gentlemen, the charge brought against Mr. Sterne, was by a Mr,- 
Lermasney, who sent him a note at a late hour of the evening, to 
furnish him witb the weights of several hogsheads of sugar, sent 
to his wharf from Kildare Estate, which Mr. Sterne refused to 
give at the time, as it was past 6 o'clock, when the law required 
all wharfs to be closed. But, gentlemen, although this sugar 
was sent to my client'' s wharf to be shipped^ it was never in his 
absolute charge, but placed in a store adjoining his v:harf^ 
which belonged to Kildare estate. Gentlemen, continued the 
learned Counsel, I hope before I have done, to unfold to your 
view sucb a monstrous scene of outrage on the property of my 
client, as will cause you to award him ample damages, and repay 
him for tbe enormous expense he has been put to, in order to 
bring this most atrocious case before you. (Mr. Watkis appeared 
very ill and weak, evidently labouring under severe indisposition^ 

Mr M^c BAYNE, a clerk to Messrs Mowat and Read, being 
called up and sworn— Proved that he bad served a notice 
to produce the original warrant on Mr. Anderson, on the 7th 
of April. 

Messrs. PANTON & MIDDLETON, werethe two counsel for 
the defendants, with two sets of solicitors, viz. — "Messrs, White- 
horne, Forsyth, and Anderson , as also Hill, Davis, and M'NeiL 

Mr. PANTON contended, that the service on Mr. Anderson 
did not bind him. He, as counsel for part of the defendants, 
knew nothing of Mr. Anderson. 

Sir JOSHUA ROWE— Shew me the record; which, having 
been handed up and duly examined by him. His Honor stated, 
that it appeared, on the face of the record, that Mr. Anderson 
had very properly entered a plea for the whole of the defendants, 
and therefore the Court would not allow the record to be fal = 
sified. 

The notice to produce the original distress warrant was thei^ 
read as follows :,— 



^ 



JAMAICA SESSIONS. 
Document No. 3. 
9dlttatCa» 5b|5* Sterne V, Swire, and othera. 

In the Surrey \ TAKE NOTICE, Ijiat you will be, and you are 

Assizes. \ hereby required, to produce at the trial of the 
'—''—'——'— ^ y above cause, a certain original Distress War- 
rant, or authority to levy on the goods of the plaintiff, signed by 
the defendants, Robert Baugh, Roger Swire, and Frederic 
White, and dated the tenth day of January, 1835, in order that 
the same may be given in evidence, if necessary, at the trial of 
the above cause» on the part and on behalf of the plaintiff, 
therein. 

Dated this 7th day of April, 18S5. 

MOWAT & READ, 

Plaintiffs Attornies*^ 

To the Defendants in the above cause, and Messrs. White- 
home, Forsyth, and Anderson, their Attornies. 



The Defendant's Counsel then gave up the original warrant, 
which was read in evidence, (see document No. 4, at page 68.) 
Documents No. 5, No. 6, No. 7, No. 8, No, 9, and No. 10— all 
on stamps — were now put in, and severally examined and en- 
dorsed by Sir M. H. Nepean, the clerk of the court. They are 
the original subpoenas for plaintiff's witnesses, with affidavits of 
service thereon, and affidavits of materiality, requiring the wit- 
nesses testimony— each witness had been brought forty, and one, 
sixty miles, and, consequently, had received, at the hands of the 
plaintiff, one shilling for each mile, which is termed mile money, 
besides the usual service money, at the time when they were 
aerved with the subpoenas, to appear in court to give evidence. 

First witness, M. M, SOLLAS, Esquire, having been called 
upon the boards, he demanded his expences; the chief justice 
enquired how many days he had been from home, he stated five, 
and it would take him one to return ; the chief justice then 
ordered plaintiff's counsel to pay him over at the rate of 26s. 
8d. per day, which was £8. ,* that sum having been paid, he was 
sworn:—- 

He proved the signatures of the three defendant magis> 
trates to the warrant, as also the writing of the warrant to be 
that of the defendant, Robert Dunbar, deputy clerk of the 
peace ; in answer to various questions put by both plaintiff and 
defendants, counsel, as well as the court and jury, he stated, 
he was present during part of the summary trial, Lemasney, v. 
Sterne, the three defendants, Swire, Baugh and Whit© acted «• 



99 



Magistrates, Dunbar acted as deputy clerk of the peace, and 
drew out the warrant; witness purchased the goods at the public 
sale, sold them afterwards to plaintiff: did not purposely pur- 
chase them in for Sterne: Sterne never commissioned him to buy 
them; Sterne never authorized his father, to his knowledge, to 
buy them: Sterne has since again sold them: has frequently 
heard him speak of the trial : Sterne has very often questioned 
the legality of the Mayistrates, and he has often had good 
reason for doing so; heard plaintiff hope that he would, by a 
verdict teach them their duty; never heard Sterne say he ex- 
pected to get swinging damages : Sterne has had frequent cause 
to complain of the conduct of the Magistrates ; never in the 
habit of drinking in Sterne's house, is not more Sterne's friend, 
than he is a friend of any of the defendants. 

Second Witness, Mr. JOHN E. ANDERSON, having been 
called upon the boards, claimed his expences ; the chief justice 
awarded him five pistoles, or £6, 13s. 4d. which amount wai 
paid,and he v, as sworn : — 

In answer to various questions put, witness replied; was 
present when the levy was made; identified the warrant; is 
acquainted with plaintiff, and Burgess the constable; should 
imagine the goods first levied on to be worth more than £40 ; 
they were subsequently sold for about £24; is of opinion the 
goods were sold at a considerable sacrifice; there was two 
levies, both made under the same warrant, but different periods; 
the goods taken on second levy were worth more than £16. 

CHIEF JUSTICE. Was there two levies under the same 
warrant ? 

Mr. WATKIS. Yes your Honor, there was two levies mnde^ 
and both under the same warrant, but at different dates, but 
we have nothing to do with the second levy now, that wasmade 
after our action had gone out ; our present action is only for 
the first levy. 

CHIEF JUSTICE. Oh / Oh /(very well Mr. Watkis, go on 
with your witness. 

Q. Were you present when the proceedings in court took 
place ? 
A. Yes. 
Q. Was Mr. Sterne permitted to call evidence ? 

Mr. MIDDLETON, for the defendants, objected to the 
question, as they were not reviewing the proceedings of the 
court; all that the plaintiff had a right to prove ivas, that the 
defendants had exceeded their jurisdiction, and that, they could 
only arrive at, by the warrant and conviction The very wharf 
act itself enacts, that any proceedings under it, shall not be 
reviewed hy any other court. 



100 



CHIEF JUSTICE, monstrous ^most monstrous^ Mr. MiddLeton^ 
Why^ then, there is no getting redress in this country. We 
stall rule to the contrary. 

Mr. MIDDLETON Wliy, your honour, I will read the clause; 
reads — " the proceedings in any such case shall not be temoved 
to, or revised by the supreme court, or any other court what- 
ever.''^ 

CHIEF JUSTICE— Hon? then is the plaintiff to get re- 
dress ? We shall rule otlierwise. 

Mr. MIDDLETON Thenyour honor, ne shall certainly tender 
a bill of exceptions to the decision, if judgment goes against us. 

WITNES'S examination resumed. Went to the court-house 
after the case had commenced; saw the several defendants, Mr. 
Swire, Mr. Buigb, and Mr. White, who sat as justices; Mr. 
Dun ;ir, the deputy clerk of the peace was also there^ taking- 
down the eviolence; Mr. Sterne offered to shew counsel's opinion 
in contradiction to the opinion of the magistrates, it was not 
received; the Magistrates said they would not he dictated to 
"by Sterne, and that their own opinion was better than counsel's; 
the Capt:>in of a ship's boat went with me to give evidence for 
Mr. Sterne; Burgess I do not think was present then. 

The court only heard apart of the Captain'' s evidence, and 
then hrohe up in disorder and confusion. Mr. Sterne told the 
Magistrates he had further evidence, hut they would not receive 
it. The Magistrates ordered Dunbar to draw up the warrant, 
Mr. Sterne was treated very abruptly by the magistrates. Be- 
fore the court hrohe up Mr. Srvire got up, and said his mind was 
made up already. Mr. Snire Ift his seat and walked off'; he 
'went across the courthouse, and cocked his foot up at a window. 
Saw several notes from Lomasney to Sterne. Lemasney sent 
orders to the whaif to ship sugar. The one produced is in his 
handwriting ; the sugars were shipped. 

CHIEF JUSTICE This is a case that had better be settled out 
of court ; there is no doubt that the magistrates exceeded their 
jurisdiction. It is unfortunate that magistrates do not get com- 
petent individuals as clerks of the peace; had there been one in 
this case, they would not have got into this scrape. 

Witness cross-examined. Was present when the first levy 
was made by Burgess; was plaintiff's clerk at that time, I am 
'(tot now, 1 was afraid to remain with him; the articles were 
taken to the court-house obout a week afterwards and sold; Mr. 
^ollas purchased them; Sollas and Sterne are friends; saw the 
goods again at Sterne's house a few days after; Mr. Sterne was 
feting as his own lawypr; he is in the habit of doing §o in Saint 



101 



€^corge's; all that Dunbar did was to take down the evidence, 
and make outthe warrant; did not hearlxim question Lemasney, 
exit. 

Witness called back, re-examined, Mr, Slerne'S family 
was residing ivith him when the levy was made^ and was much 
inconvenienced when it was taken away ; the table levied upon, 
was the only one they had in their house. 

Third witness, ISAAC SILVERA, Esquire, sworn, claimed 
his expences, six pistoles, or £8 was awarded to him, and paid 
by plaintiiF. 

In answer to questions put, witness replied, knows plaintiff 
by sight; was present at the court-house on Buff Bay when the 
court was formed; the defendants were all there ; the court was 
formed below stairs; there was an election of vestrymen and 
churchwardens on that day; I am proprietur or freeholder ; I 
attended there to vote: plaintiff objected to the Court's proceed- 
ing, as they were acting illegally ; there was a greai^ deal of 
noise below; the Court adjourned above stairs, followed them 
up; the proceedings of the court were here also objected to by 
plaintiff, as he was improperly served with a notice; 6^^ thu 
Court would not listen to anything Mr. Sterne offered to adduce^ 
nor would they hear his witnesses ; Mr. Sterne protested against 
their proceedings ; the magistrates said the plaint ff might seek 
redress where he could, as he had no appeal against their deci- 
sions, the Court ivas in great disorder, and very noisy; Mr. 
Lemasney was examined; he stated that he had sent to Sterne 
for the weights of some sugar which had been shipped, but 
which Sterne refused to give him; Sterne said he only received 
the note after office hours : plaintiff' told the magistrates that 
they were acting illegally, and offered to prove it by counsel's 
opinion, which he held in his hand ; Mr. Swire got into a 
passion, and refused to look at the opinion; Mr. Swire said, 
by this book only will we be guided, holding np the law, 
and smacking the book, and then reading the last clause of the 
act, exclaimed " ah boy there is no appeal for you! " and Mr. 
Swire told Sterne he might get redress the best way he conld; 
Sterne was particular in taking notes; he had a person assisting 
him; when Mr. Sterne had commenced his defence, Mr. Swire 
got up and went to a window on the other side of the court 
house; after remaining there some time, he returned and said, 
what is the time; why we shall be kept here all day at this rate. 
Mr. Sterne said he was on his defence, and if it lasted for a 
week they were bound to listen to it. Defendants cried out 
** tut, tut — pooh, pooh." One of the justices cried out " what 
js the penalty? Upon being answered, let us split it, and make 
it half. Dunbar cried, But you have forgotten my costs ; they 



102 



replied, Oh, yes, we forgot that — and gave costs ; and her* th« 
proceedings terminated. 

Re-examined— Never saw such arhiPmry^roceedings in 
my life — it was certainly not like a British court of justice. 
The Justices had made up their minds before ~hand — Swire said 
he had. 

No witnesses were called on the part of the defendants. 

A discussion now took place as to the right of two counsel 
replying upon Mr. Watkis j and it was decided that only one 
counsel should reply. Mr, Watkis was labouring under severe in- 
disposition ; and the defendants not having called any witnesses 
their counsel had the right of the last reply; 

Mr. WATKIS now, at great length, addressed the Jury, in 
which he showed the great oppression practised by the Saint 
George^s magistrates, or rather the Saint George^s Daniels 
against Mr, Sterne^ and dwelt much on the circumstance of their 
being under the impression, that the plaintiff was debarred 
appealing against their decisions, whether legal or not ; and, 
in pressing for damages, hoped the Jury would give such com- 
pensation as would deter these Daniels from acting with the 
like oppression in future. What, says Mr. W,, is such conduct 
to be tolerated in a Christian country. Are magistrates to be 
allowed to cloak themselves under the garb of the law, for the 
purposes of oppression ? You have heard, gentlemen, as well 
as I, the straight-forward evidence given, aud that not given 
until large sums of money, by way of expenses, were dragged 
from my client's pocket. They, gentlemen, were afraid to call 
witnesses, because they, likewise, must have told you of the dis- 
graceful outrage of these Daniel magistrates. Such conduct is 
a disgrace to any gentleman, much more so in one seated in a 
judicial capacity. Is it to be endured, that, because an indivi- 
dual happens to give offence to some great personage, he is to 
be singled out, by those clothed in the garb of magisterial 
power, and, under colour of the law, himself and his family 
ruined. Gentlemen, though you have not all in evidence that 
passed in evidence at this mock summary trial, when my client 
was so shamefully and disgracefully fined, yet you have enough, 
gentlemen, to convince you, that it was a most malicious and 
deadly attempt made to ruin him. My client was a wharfinger, 
and a peaceable residenter on Buff Bay, and rented the wharf 
at the hands of the very informer himself ; and that informer, 
knew full well, that there were neither weights nor scales on 
the wharf, capable of weighing a hogshead of sugar, neither 
were they ever required ; this has been a regular attempt to rob 
my client — never was there a greater outrage committed. GeU" 



103 



tlemen^ one of the defendants must be well known to you; so 
great has been his barbarity in Saint George^ s, that they nick- 
named him the Saint George^s Devil, (Here the defendant's coun- 
sel got up, and insisted that Mr. Watkis was out of order; that he 
had no right to tax the character of their client in sucli a manner. 
The Chief coincided.) Mr. Watkis continued — Mr. White has 
been dismissed from his official situation, and my client has 
been most cruelly and shamefully ill-used by these Daniels^ 
under colour of law^ and now claims redress at your hands, 
Mr. Watkis here sat down, evidently labouring under very se- 
vere indisposition. 

Mr. PANTON, for the defendants, defended the magistrates 
with great force of argument, and with much ingenuity. He en- 
deavoured to shorn that they were not actuated by malice 
towards the plaintiff ; and commented on the circumstances of 
the action including the clerk of the peace, and also the consta- 
ble ; and pointed out the great hardship it would be on the ma- 
gistrates, if they had mistaken their jurisdiction innocently ; 
that they should then be mulct in heavy damages, and entreated 
them to acquit the clerk of the peace and constable. Gentlemen, 
continued the learned counsel, I entreat you to dismiss from 
your minds the very heated address of my learned friend. Is it 
because a mob, or a body of a certain class in •society, have 
thought proper to nickname one of my clients, as the Saint 
George's Devil. Is it because, in his capacity as a special jus- 
tice, he has been compelled to use a little severity ; or, is it be- 
cause my learned friend has thought proper to place him before 
you in all that hideous deformity, that you are now to suppose, 
gentlemen, that he is a devil, and thereby treat him as such. 
No, gentlemen, this devil, this hideous monster , as represented 
by my learned friend to you, is no such a character ; he is one of 
his country's best friends ; he is an officer in his Majesty's naval 
service, and has fought and bled for his country. But, what 
shall I say of my learned friend's client, the plaintiff in this suit? 
Why, gentlemen, he is an individual who has gone and settled 
himself in St. George's, and has made himself generally obnox- 
ious ; he is an obnoxious character. You have it in evidence 
that he is a bit of a lawyer, and we all know what these bits of 
lawyers are. He has been meddling with the magistracy, and 
now, gentlemen, he thinks he has a good cause of it, and has 
brought this case before you, thinking thereby to make his for- 
tune, and has laid his damages at Two Thousand Pounds. But, 
gentlemen, I tell you, if you give a verdict for more than the 
£24 or £25, which you have in evidence was the amount ob- 
tained for this levy,(for you must bear in recollection that SoUas 
let him have the goods again,) you will be opening a door of 
«p^'eis prosecutioua, and you will goon find that no respectable 



104 



indltiduals will be found, who will accept a magisterial commis' 
sion. Thus, gentlemen, you will soon find, that the laws which 
are your safe-guards, will fall into the hands of those incapable 
of administering them. Do not trouble yourselves, gentlemen, 
to calculate all these enormous expenses, which my learned 
friend tells you his client has been put to, in bringing this case 
forward before you this day. No, gentlemen, I will undeceive 
you in this. If you find a verdict for the plaintiff, and I have 
no doubt His Honor will tell you that you are bound so to do, 
it must be only for the actual amount taken from him by this 
levy. Your verdict will carry costs, and, by a new rule of his 
Honoris Court, lately made, the plaintiff will be entitled to 
full costs out of pursB' — my clients will have to repay 
him every fraction he has been put to, even the monies you have 
seen paid to the witnesses this day. Thus, gentlemen, taking 
all these things into consideration, I trust you will exempt the 
clerk of the peace and the constable, both of whom, I am sure 
you must be satisfied, acted only from orders ; and that you will 
find against the magistrates the sinallest possible verdict, which, 
in your wisdom, you may consider will repay the plaintiff^ for 
the loss he has sustained, through an entire error of judgment 
on their part. 

His Honor the CHIEF JUSTICE, charged the Jury, and, in a 
speech at once independent, dignified, and suitable, pointed out 
the high and responsible situation of INIagistrates generally. His 
Honor stated, that in this case he was truly grieved to see the 
extreme harsh appearance in which they hud acted ; their con- 
duct was highly reprehensible, and called for the severest re. 
proof. Mr. Swire, in particular, shewed forth a spirit and 
conduct disgraceful in the extreme. It was the duty of magis- 
trates to put aside all personal feelings, when seated in their 
judicial seat — it was their duty to read, and understand the law 
aright ; and when, as in the present case, they are called upon to 
decide on a penal act, where there is no appeal, then they phew 
forth the true spirit of an impartial judge, by weighing well the 
facts and nature of the case, before giving their decision. Ma- 
gistrates have the greatest responsibility attached to their situa- 
tion ; but it is all erroneous to suppose, as one of the learned 
counsel would lead you to believe, that they are always held ex- 
cusable under plea of an error in judgment. If they err, they 
ought to give such benefit of error to tlie unfortunate accused ; 
for, if they exceed their jurisdiction, and use oppression, they 
are always, as my Lord Tenterdon has ruled, accountable for 
damages. His Honor then stated, that it would be their 
duty to find a verdict for the plaintiff; but the quantum of da- 
' mages he left to the Jury. If they merely looked at the value 
of the furniture, as adduced in evidence before them, they t»u«* 



105 



look at the one levy only'-^rchich had been sold, hut afterwards 
had found its way hack again to the plaintiff, on his payin^j 
over the price of the sale, £24, giving such verdict accord- 
ingly i but, if they looked at the extreme hardship of the case, 
there were many things to be brought forth to view. As, for 
instance, tlie distress and inconvenience wliicli must have been 
suffered by Mr. Sterne and bis family — as likewise the injury it 
migbt have done his good name and credit ; for, if in business, 
his goods being levied on and publicly sold, must have seriously 
injured him in the eyes of his creditors ; and so on in such cases, 
the damages must be proportioned. I would, therefore, have 
you to weigh well the evidence before you, and decide accord- 
ingly. His Honor then said be was of opinion that Mr. Dunbar, 
the clerk of the peace, should he exempted from the verdict, as he 
had only acted by the instructions of the magistrates ; yet, it was 
owing to his ignorance of his duty, that the warrant was thus 
illegally got up, and placed the magistrates in their present 
predicament. 

The Jury having consulted together for some time without 
retiring, returned a verdict for the plaintift^ — Damages^ Fifty- 
one pounds, with costs, against the magistrates only. 



The following appeared in the Editorial remarks of the Ja- 
maica Watchman newspaper, a week after the trial 

KINGSTON, JAMAICA. 

Wednesday, 22nd of April, 1835. 

A CASE, of some importance to the public at large, was tried, 
in the Assizes last week, and a verdict obtained for the plain- 
tiff. The action was brought by Mr. Sterne, of Saint George's. 
against Mr. Roger Swire, Mr. Baugh, and Mr. White, Magis- 
trates, the clerk of the peace, and the constable. The ob- 
ject was to shew the illegality of certain proceedings, which took 
place at the instance of Mr. Lemasney, the agent or attorney to 
the landlord of Sterne, before the magistrates named, and to re- 
cover damages for the injury sustained, in consequence of the 
Magistrates having exceeded the authority vested in them by 
the wharfage act. 

In the course of the examination, circumstances came out 
which too clearly shew the baneful manner in which some 
country magistrates are in the habit of exercising the authority 
vested in them for the purposes of oppression , and the gratifica- 
tion of improper feelings towards any particular individual. 

Mr. Sterne, it appeared, had rendered himself obnoxious to 
some of the '• great men'' of St. George's, and they were deter- 
O 



106 



mined to wreak tkeir vengeance upon liim, under cover of laiv^ 
and by means of those Magistrates, whose duty it was to mete out 
even-handed justice to all men, without regard to principles, 
creed, or colour. They did do so ; and the matter nould have 
remained %mknonn except to a ferv^ had riot Mr. Sterne very 
'properly brought it before a Court and Jury^ and so ex- 
posed the transaction to the world. A short history of the steps 
which led to the action in question, may he of service, in order 
to show how some of our magistrates and their 'friends manage 
matters. Lemnsney rented a wharf to Mr. Slerne, without 
weights or scales, or any means of weighing sugar. The latter, 
having got into disrepute with the great men of the place, the 
former, some time in the month of January last, sent down, late on 
the evening, to demand the weight of sundry hogsheads of sugar 
which had been shipped by his order on some vessel. The answer 
returned by Sterne was, that he would see Lemasney next day 
on the subject. On the morning of the following day, and be- 
fore he had an opportunity of seeing Lemasney, Sterne received 
a notice of a charge which had been brought against him by the 
former under the wharfage act, for refusing to furnish the weights 
of sugar when called upon to do so. The indecent haste with 
which this charge was exhibited^ shows the object of the party 
who made it, but this object will appear still more manifest^ 
when it is recollected that no order had been given to weigh the 
sugars previous to their being shipped; and, indeed, that sugars 
are never weighed at Buff Bay. The wharf, too, had been 
rented by this very Lemasney ^ and when he so rented it to 
Sterne^ he well knew that there was neither scale nor 7veighti 
nor any means whatever on it of weighing sugars, and that it 
was impossible the latter could have complied with any request 
either from him or any one else for that purpose. But this cir- 
cumstance, so far from deterring Lemasney from making the 
demand for the weights of sugar which had been already ship- 
ped, only made him more certain of wreaking his vengeance on 
his tenant. The plan was well concocted, and, to all human 
appearances, there was no probability of the victim escaping. 
So far for Lemasney, 

Now for the Magistrates, the administrators of the law ! 
When the case came before them, so determined were they to 
convict, that they would not even hear the evidence of a master 
of a vessel, whom Sterne had produced, for the purpose of 
showing that it was not, and had not been for years, the prac- 
tice at Buff Bay to weigh sugars. Besides, it came out in evi- 
dence, that Kildare estate, to which the wharf rented by Sterne 
is attached, had its own separate shed near the beach, to which 
its sugars were sent for shipment, and not to the usual wharf - 
sheds or stores. But it was not in refusing to hear the evi- 



lor 



dence on the part of Sterne alone, that the Magistrates acted 
improperly. Their conduct on the Bench was most disgraceful, 
at least that of Mr. Roger Swire, who appears to have set law 
and justice, as well a decorum, at open defiance, and acted in 
a manner not creditable to him, either as a magistrate or a 
gentleman. Sterne was, in this indecent and illegal manner, 
fined £25, with costs; and thus, on the very face of the warrant» 
it appeared that the Magistrates had exceeded their jurisdiction, 
and acted illegally. And all this was done under the impression 
that the proceedings could not he removed into the superior or 
any other court. There is a clause to this effect in the act, 
and, sheltering themselves under it, the Magistrates thought 
they might commit any act of injustice or oppression — might 
gratify the malignant feelings of their friends with perfect im- 
punity. Mr. Sterne has^ however , taught them a lesso7i which 
we think they will not forget in a hurry ; and if they are not lost 
to all shame, tliey will never favour us with such another expose 
as that which took place at the trial in question. 

The attempt of their counsel to prevent the proceedings 
which took place before them being given in evidence, was wor^ 
thy of the iniquitous transaction. They were extremely anx- 
ious to keep back what took place at the trial at Buff Bay, 
to confine the plaintiff to the excessive jurisdiction which ap- 
peared on the face of the warrant. The absurdity and injustice 
of such a line of conduct was, however, exposed by the Chief, 
who very properly remarked, that for every wrong there must be 
redress, and if the doctrine which was then set up was acted 
upon, no man's property would be secure. The right of appeal 
having been denied by the statute, it was the more incumbent on 
the Court carefully to guard the common law right of the sub- 
ject It was guarded, a^id Mr. Sterne succeeded in obtaining 
what is not at all easy in this country — a verdict against the 
magistrates, sufficient to cover the loss he had sustained, and 
full costs out of purse. He also succeeded in exposing 
their conduct — ^its illegality, and the unprincipled attempt on the 
part of Lemasney and others, to gratify their malicious feelings 
towards him. by a combination as infamous as unjust, and 
which will long remain a disgrace to the actors in it. 



THE following Editorial remarks, and letter from Lemas- 
ney, appeared in the columns of the Jamaica Herald, on Friday, 
the 1st of May, 1835:— 

ED1T0RIA.L REMARKS. 

We readily give insertion to Mr. Lemasney's letter. It 
contains a plain statement of facts, and will carry conviction to 
the mind of the reader, that Mr. Lemasney has been more 
" sinned against than sinning." At the time of the trial in 



108 



question, we had thouglit of making a few remRrks on it, but 
refrained, /rom the reflection that the gentlemen alluded to iii 
the letter ^ were too highly respectable and honourable^ to need 
any defence of the kind. 



LEMASNEY'S LETTER. 

To the Editor of the Jamaica Herald, 

Dear Sir, 

In the Watchman of tlie 22nd April, which I 
had by mere chance this day put into my hands, I saw an article 
reflecting very severely on myself and the Magistrates, who 
some time since decided the case, Lemasney v, Sterne. The 
circumstances having already gone before the public, as such 
things generally do in the Watchman , ex parte ^ I beg leave to 
make the following statements, which can be attested by every 
residenter of Buff Bay. My object in so doing, is to show that 
Mr. Sterne was not, in the first instance, the person aggrieved, 
but that he was the first person who commenced "violating the 
laws of custom," of which Watchie^ in his ire, complains so 
sadly. Is the Watchman aware that the following agreement 
was entered into by Mr. Sterne, viz. — that Woodstock wharfage 
was to have been retained by the Honourable John Bell, until 
the end of the year, as additional security to me for the wharf 
rent ? Is he also aware that, at the end of three months, Mr. 
Sterne wished to do away with this arrangement, well knowing, 
at the time, that tinder any other circumstances I w^onld not let 
him have the wharf? The consequence of my refusing to relin- 
quish Mr. Bell's security was, that Mr. Sterne not only obliged 
me to pay for all produce shipped from the estate, contrary to 
the old established rule of allowing it to be deducted from the 
rent, and he closed the wharf, a x>ublic one too, thereby obliging 
me to ship at Annotto Bay. What will the Watchman now 
think of " violating old customs ? " 

He also asserts there were neither weights nor scales. By 
reference to the present wharfinger, Mr. Sterne's brother-in- 
law, he will find that assertion, as well as many others, false. 
I trust I have by the foregoing instances proved, that Mr. Sterne 
has, all through, been the aggressor. These, with many other 
petty annoyances, which I could mention, occasioned an affair 
which I regret has brought before the public, gentlemen, whose 
character as Magistrates stands in too high an estimation to be 
either injured or annoyed by any impertinent remarks, emanat- 
ing from the Watchman. I do not intend either to advert to 
the decision or observations used by the Chief to the Magis- 
trates ; at the same time I must express my regret^ that the 



109 



evidence on the part of the Magistrates had not been brought 
forward, as I frequently solicited the lawyers to do, when, I 
have no doubt, the impression on both judge and jury would 
have been very different from that recorded. 

Your giving insertion to the above, would much oblige, 
Dear Sir, your's, respectfully, 

M. FITZGERALD LEMASNEY. 
Kildare, 29th April, 1835. 

THE following Editorial remarks, and letter from Mr. Roger 
Swire, appeared in the columns of the Jamaica Herald, on 
Tuesday, the 5th of May, 1835;— 

EDITORIAL REMARKS. 

In compliance with the request of Mr. Swire — rather than 
from a belief of its necessity^ — we give publicity to the following- 
letter. In our opinion, too much importance is attached to the 
trial, " Sterne v, Swire, and others," The defendants in the 
case are of too high standing for respectability and probity, to 
be at all affected in the estimation of the community, among 
whom they live, or of all who have the pleasure of their ac- 
quaintance. 



SWIRE'S LETTER. 

To the Editor of the Jamaica Herald, 
Dear Sir, 

In consequence of the counsel for the defence, 
in the cause Sterne v. Swire and others^ not having called their 
witnesses, an ex parte statement of the proceedings at Buff" 
Bay has gone forth to the world, of which the most is made by 
some of the newspapers, I beg to forward you some of the 
facts we could have proved by the most respectable testimony, 
which, when, contrasted with the statements made on the plain- 
tiff's side, will, I think, give the proceedings a very different 
character to the description in the IVatchman of the 22d — 

1st. The confusion stated lo have occurred in Court, if it 
occurred at all, was occasioned by Sterne's impertinent and 
dictorial conduct to the Magistrates, which induced me to observe 
(after threeltimes checking him) that " I would notsitthereto be 
dictated to — that the volume before me was my guide ; and that 
if I acted wrong, he (Sterne) had his remedy ;" and when I[rose 
and retired to a windov/, there was nothing before the Court, 
which was waiting for one of Sterne's witnesses. At this pe- 
riod, a spectator of the proceedings observed, *' Well, whatever 
Sterne may have had to say on former occasions, he cannot now 



110 



complain ; for I never witness&d greater patience shewn by any 
Magistrates, and I am surprised how you stand it." 

2nd. The master of the drogger was heard through his 
eridence, to the effect that he had never seen sugar weighed. 

3rd. To shew there was no improper feelings towards Sterne, 
I may observe, that one of the Magistrates told him to produce 
his books, and shew that he had complied with the wharf law ; 
and even tlien the complaint should be dismissed: he refused 
to produce them. 

4th. Silvera swore that he was only acqiiainted with Sterne 
by sight — meanings that he was not on intimate terms, conse- 
quently, unbiassed in his testimony. Enclosed is a note to him 
from Sterne, which, I think, will prove him to have sworn to 
that which is incorrect, 

5th. SoUas swore, that he never heard Sterne dispute the 
decision of the Magistrate s^this is wrong, to my knowledge 
and to that of every one in Buff Bay. 

He also swore that the furniture was not bought in for 
Sterne. Now, i have evidence that the constable said this was 
the case at the time of the sale, and inquired if the sale was, 
legal. I could mention several other particulars, but am li- 
mited for some time. I must, however, add, that 1 was not se- 
nior Magistrate on the occasion, but was associated with another 
and I would not proceed with the matter till I was assured that 
Sterne had received notice of the intention to apply for the 
weights of the sugar, previous to its shipment, thereby giving 
him an opportunity of doing his duty. I am totally unconnected 
in any way^ with the wharf, and cannot possibly be affected by 
any of its regulations. 

I am, Sir, 
Your obedient Servant^ 

ROGER SWIRE. 

Spring Garden, 29th April, 1835 

* Enclosed in the foregoing. 



(COPY.) 
My dear Sir, 

I have received your note, and beg to say, 
that Sollas has promised me half a dozen empty barrels for you, 
to be delivered in a few days. 

But if you like to take kegs, made on purpose to pack 
arrow root, holding about fifty pounds each, I can get you im- 



Ill 



mediately about fifty, at 5s. each, the cost price. With respects 
to Mrs. Silvera, 1 remain, my dear Sir, yours, truly, 

HENRY STERNE. 

To I. Silvera, Esq. 

Buff Bay, 1st April, 1835. 



In the Watchman of Saturday, the 9th of May, 1835, the 
following appeared as the Editorial Remarks. 

KINGSTON, JAMAICA. 

In our Paper of the 22nd ult. we made some remarks on the 
case, Sterne, v. Swire and others, which we perceive by the 
Herald, has induced Mr. Lemasney and Mr. Swire, the former 
of whom appeared to us the prime mover in the transaction, to 
come forward with explanations, and an apology for the parts 
they took in the same, 

As a matter of course, Mr. Lemasney labours to make it 
appear that our statements are exparte, and even ventures so far 
as to assert, that they always are; this gratuitous and manifestly 
unfounded assertion, assuredly had its weight with those who 
can and will think for themselves on all matters of the kind 
now alluded to; when, considering Mr. Leraasney's explanatory 
or apologetical communication, and if we add to this, the 
cautious manner in which he keeps out of view the important 
fact, that our comments, however unpleasant to him and the 
other yentlemen concerned, were made upon a case adjudicated 
in a court of justice, and upon the testimony of the witnesses 
then adduced, it will be seen that nothing that either Mr. Le- 
maaney or Mr. Swire has said, in the least invalidates the remarks 
we made, or is calculated to bear but the asse> tion that our 
statements were exparte, or unfair. 

It is true Mr. Lemasney now endeavours to show *' that 
Mr. Sterne was not in the first instance, the person aggrieved, 
but that he was the first person who commenced violating the 
laws of custom." Allowing this to be the fact, how does it 
affect the case as far as we are concerned? Our com,ments were 
made upon the case as adjudicated in open court, and no vio- 
lation of the laws of custom on the part of Mr. Sterne, allowing 
that such did take place, which did not appear in evidence at 
the trial, can be adduced for the purpose of proving our 
statements exparte; had such evidence been adduced by the 
defendants, and no notice been taken of it by us, then we 
should have been chargeable, and justly, with having uttered 
exparte statements, but not otherwise ; Mr. Lemasney ought to 
liave known this. 



112 



But let us examine his explanations. Mr. Sterne agreed 
that Woodstock wharfage should be retained by Mr. Custos 
Bell until the end of the year, as a security, or additional 
security, for the rent of the wharf; at the expiration of three 
months he wished the arrangement done away with, and, as Mr. 
Lemasney would not consent, he compelled him to pay for 
the produce from Kildare Estate, contrary to the old rule 
of allowing it to be deducted from the rent of the wharf; of 
course, from Mr. Lemasney'' s remarks, we are to understand 
that Sterne had entered into no agreement to allow of any such 
deduction, and consequently was at liberty to demand payment 
of the wharfage of Kildare produce, at the usual time; and this 
was perfectly reasonable, inasmuch as Mr. Lemasney had taken 
care to have the Woodstock account, as a security for his rent; 
but let us look a little closer at this matter. Mr. Lemasney rents 
the wharf to Sterne; he takes security in the Woodstock account 
for the rent, and then wishes the renter to allow his account 
against the rentor, (Lemasney) to lay over for the purpose of 
paying in whole or part, that very rent for which another estate's 
wharf account has been impounded; and^ because Mr. Sterne 
would not submit, to what appears on Mr. Lemasney'' s own shew - 
ing to be unreasonable, he exhibited a charge of non-com- 
pliance with the wharfage act against him, and had him fined 
twenty five pounds, and costs. 

With regard to the violation of the custom, alleged against 
Mr. Sterne, and urged by Mr. Lemasney, as justifying his 
conduct, we certainly must say it does nothing of the kind. Mr. 
Sterne having done wrong, is no reason why Mr. Lemasney should 
do the same ; besides, there is no analogy between the two 
cases. Sterne's refusal to allow the Kildare's account to lay 
over as well as the Woodstock's, could not, in any degree, in- 
jure, although it might possibly have inconvenienced Mr. Le- 
masney; whilst the latter's conduct, in demanding the weights of 
sugars, for the first time after they had been shipped, and 
there was no possibility of their being weighed, or the demand 
being complied with, and jnoceeding the very next day to com- 
plain to the magistrates for the 1 efusal, was, to say the least 
of it, malicions, if not dishonest. Mr. Lemasney, doubtless, 
considers he was right to revenge himself in the manner he did ; 
we think him as culpable, as if he had met Sterne on the road^ 
and robbed him of £25, giving it away to the first person he 
afterwards met. Indeed, the latter course would have been 
more manly , for Sterne would have been allowed an oppor- 
tunity of defending himself and property by brute force. 

But we should like to know, for Mr. Lemasney does not say 
that it was, whether it was understood by Mr. Sterne, when 



113 



agfeeing about the wharf, that the Kildare's wharfage was td 
be allowed to be deducted from the rent, and whether he con- 
sented? if he did, then Mr. Sterne has been guilty of a breach 
of promise, and is consequently obvious to censure; if it was 
not mentioned, and he did not agree, then he has committed no 
breach of the rule in question. 

Mr. Lemasney further urges in justification of his con- 
duct J that Mr. Sterne closed the wharf, and compelled him to 
ship at Annotta Bay, This, rve are sorry to say, is a miserable 
attempt at justification , for we recollect perfectly well its 
coming out in the course of the trial, that Mr. Sterne closed the 
wharf after Mr, Lemasney had had him fined ; and in order to 
save himself from ruin. Had Mr. Lemasney not pursed the 
course he did, Mr. Sterne never would have closed the wharf, 
therefore Mr. L. has only himself to blame for being obliged to 
ship at Annotta Bay. Had he continued the wharf, Mr, Lemas- 
ney, or any other person disposed to injure him, might have 
had him fined £25 every day, until he could get the necessary 
weights and measures from Kingston or elsewhere. This, to 
say the least of it, is a poor sample of Mr. Lomasney's sense of 
justice. 

Mr. Lemasney states, that we said there were neither weights 
iior scales. He should have added, " or means of weighing 
sugar." Before, however, he charged us with falsehood, he 
should have said whether there are weights and scales sufficient, 
or capable of weighing a hogshead of sugar. If there are not^ 
then he, and not us, has asserted what is false. There may be 
scales, and, peradventure, the remains of what were weights at 
one time, but that there are not the means of weighing hogs- 
heads, we still assert. Subterfuge and avoidance may be ne- 
cessary for Mr. Lemasney, they are not for us, and it is to be 
regretted, that in reply to our remarks, that gentleman did not 
pay a little more regard to truth and candour. His letter only 
tends to confirm the opinion we had formed of the injustice and 
impropriety of his conduct towards Mr. Sterne. 



^^■^ NOTE. 
It will be seen, by my addressing the accompanying letter 
to the Editor of the Jamaica Herald, that I intended it for in- 
sertion in that paper, but he, being a party man, and a warm 
friend to the St. George's Daniels, refused to give it a place in 
his columns. I then made application to the Editor of that 
widely-circulated paper, The Dispatch, but this gentleman re- 
quired me first to pay him the pretty littlee sum of six doubloons, 
or £32. This I refused to do, and consequently had recourse 
again to the ONLY TRULY INDEPENDENT PAPER, THE 



114 



WATCHMAN, and in the columns of which the reader will find 
it as follows, under date Wednesday, 13th May, 1835: — 

To the Editor of the Jamaica Herald 
Sir, 

Observing the publication in the columns of 
your last ^iday's paper, of a letter signed ** M. Fitzgerald 
Lemasney, wherein that person has thought proper (very un- 
wisely, I think,) to bring ray name before the public, I consider 
you will be injustice bound to admit my x^ply thereto. As such 
I have prepared the following, and shall feel thankful by your 
admitting it into your columns. 

HENRY STERNE. 
Buff Bay, 4th May, 1835. 



To Mr. M. Fitzgerald Lemasney. 
Sir, 

I perused a letter to which your name is at- 
tached, published in the Jamaica Herald. It is necessary for 
me to correct you in many points which you have advanced ; 
some in your own supposed justification of conduct ,• others, on 
the part of the " St. George^s DanieW^ — who held judgment 
on me with the same good will, it would appear, Shylock pos- 
sessed against Antonio. 

It will not serve my purpose merely to state, in your lan- 
guage, which I certainly must give you all the credit for, parti- 
cularly as to its chastity of composition, elegance of diction, and 
its beautifully turned periods, that the allegations you have ad- 
vanced in exculpation of your conduct "IS FALSE." No^Sir,! 
will not call you by those harsh names, which I think you richly 
meritj but may^ in all pr oh ability , prove them most satisfac- 
torily, before I conclude this address, for nothing can be more 
unpleasant to my feelings than to give the LIE direct to any 
man's assertions, and you will then see in what a labyrinth a man 
involves himself, who labours to maintain falsehood by argU' 
ment. I should have thought, Sir, you possessed some little 
respect for the public, and would not lay before them a tissue of 
unfounded accusations, knowing them to be such ; but trusting, 
no doubt, to my silence, which you naturally expected would be 
the greatest contem.pt I could treat you with. But I too well 
know, had I adopted this mode of defence, it would have been 
construed into a different cause. I therefore hesitate not to re- 
ply to you, and show you up to public animadversion. YOU, 
being the INFORMER in these cases, in which I have been 
involvrd, you have deprived me of the pleasure I should have 



115 



felt, publicly to have exposed the conduct of the cHque,when the 
feelings of the country shall have been recorded in the ensuing 
August Assizes, against the very Magistrates you now defend, 
and have forced me into the arena of public discussion, with or 
without my own good will. As such is the case, I promise that 
you shall not go unscathed, but shall feel the sting of truth, 
which will teacii you to know it is not to be trifled with, as shut- 
tlecocks are, in the hands of school -boys. 

Speaking of my agreement with the Honourable Mr. Bell, 
allow me to make some comments on this, particularly as I would 
wish to disabuse the public mind of any impression your letter 
has led them to entertain. If your memory can at all serve you, 
I think the following was your proposal and agreement. On 
your notice of intention to use the pub!:c wharf after a certain 
date as a private one, I applied to y(.u to be a tenant of the 
same. Your reply was, certainly, provided I would allow the 
Woodstock wharfage to be retained by yourself and Mr. Bell, 
as a security for the rent, it being a Cl.ancery property, and the 
easiest mode of obtaining a security. I immediately acquiesced 
in this, and now call on every gentleman then present, to say if- 
snch was not the case ? I received possession of the wharf, and 
the next day it was found necessary for me to give securities in 
person for the payment, which 1 immediately complied with. 
Now, I ask, how could you expect (that is with reason) I should 
give security by letter, and the same again by Woodstock 
wharfage ?— a thing unprecedented as it is unjust, 1 granted 
your request, and certainly had no right to suppose that you 
had a legitimate claim to Woodstock wharfage. Some little 
time after this, I became obnoxious to the Honourable Mr. 
Bell, and had the moral courage to demand my wharf account, 
and, as you say, " a violation of custom. V This was no matter 
of yours ; but, to my surprise, I was reminded of my agree- 
ment to allow him, Mr. Bell, to remain with the wharfage, for 
the security of Kildare rent. I saw that Mr. Bell was unaware 
of the demand you had made for security by letter, and there- 
fore wrote you, feeling as I did, annoyed at your mean attempt 
of obtaining double securityship^ though you did it so ingeni- 
ously, as could not possibly lead me to suspect your design. 

The following extract of a letter, transmitted to you, will 
be concluBive to satisfy the public mind on that head. 

Extract of a Letter to Mr. Lemasney^ dated 
November 28, 1834. 

" I think you are more to blame than Mr. Bell ■ It was your 
duty^ on taking the written security of Mr. Burgess, to have 
exonerated Mr. Bell from his promise. I conceive, therefore, 



116 



that I am bound in honour to have him exonerated for the past. 
I have, therefore, to propose as follows :— 1st. That you shall 
exonerate Mr. Bell from his promise^ and thereby allow him to 
make an amicable settlement with me ; or 2nd. That you shall 
receive the quarterns rvharfage now due me by Mr. Bell, send- 
ing me a receipt as so much received ^ on account of the 
Tvharf rent. 

*' If you decide on the latter, I beg you will take this as a 
notice^ that you must keep yourself provided with cash for the 
Kildare wharf age^ for I shall neither ship or deliver till the 
wharfage be first paid.^^ 

There was no underhand acting in this, feir, I told you my 
intention, and required you to be prepared to meet the same. 
You made the choice of the latter proposal, and I carried my 
determination into execution, by compelling you to pay for 
the wharfage as it was required. This continued only three 
weeks, when you commenced to ship sugars ; and then the well 
concocted plan of yours to entrap me for the gratification of 
your Daniels — they who so wisely (as they were then led to be- 
lieve) had hold of me by the laWj the consequence of which has 
been recorded by the opinion of an impartial judge (who, in- 
deed, acted the part of " Portio") and an honest Jury, to the 
tune of £51 damages, and full costs out of purse. 

I blush for you, Sir, to think that you should, Avith all the 
nonchalance possible, assert that the Watchman Editor says, 
there were neither weights nor scales on the wharf. Here you 
stop, Sir ; but I will not allow you this shelter you have erected 
for yourself. The Watchman continues to say, weights and 
scales to weigh sugar ; and you refer the public to my brother- 
in-law, to know if there are not weights and scales. Yes, Sir, 
there are ; but the question arises, if you require him iiow to 
weigh a hogshead of sugar, and which you well knew 1 was 
unable to accomplish, can he do it ; no, he cannot, his scales will 
not hold it ; and if it does, the suspending chains will not bear 
onCj and he has not one-8th of the weights necessary for the 
purpose. The inhabitants of the Bay will attest this assertion, 
and so will the present wharfinger, therefore this allegation you 
hold out, that there was a sufficiency of weights to weigh a 
hogshead of sugar, I prove it beyond doubt to be foreign from 
fact. In answer to your defence of the Magistrates-— in justice 
to your friends, let your future labours be confined to the care of 
your own reputation; for truly may I declare, " God protect me 
from doing any thing that may require such defence ; or to de- 
serve such friendship." Had you acted with any, the slightest, 
discretion, you would have endeavoured to keep the matter from 
the eye of the public, as far as newspaper publicity goes; but 



117 



you certainly have shown yourself off, in endeavouring to be the 
champion of men who did all in their power to work my ruin. 1 
blame you not for this apparent anxiety to remove any impres- 
sion which the independent remarks of the PFafc/jmwwmi^ht create 
on the minds of enlightened men. You were the first to lead them 
into error ; you, therefore, do no more than you ought to do 
More^you should REFUND THAT OPPRESSIVE AND IL- 
LEGAL FINE OF £25 AND COSTS, WHICH YOU HAVE 
SO SNUGLY POCKETED. REFUND IT, SIR, FOR YOU 
WELL KNEW THE'f WERE DETERMINED TO FINE, 
ERE I WAS BROUGHT TO TRIAL ; but you have all been 
taught to know that " cunning^ let it he ever so well wrought, 
will not conduct a man honourably through hfe ; like bad* 
money, it may be current for a time, but it will soon be cried 
down." You may now, Sir, change the position, and use the 
word oppression for that of cunning. Speaking of the " HIGH 
ESTIMATION" THE MAGISTRATES STAND Il\, " as Ma- 
gistrates,''* I must relate an anecdote I heard a well-known gen- 
tleman adduce some time back. Lord Edinborough was told by 
a witness that he always knew Mr, Thurtell (the welUknown 
murderer) as a respectable character. Respectable, forsooth^ 
says my Lord, and standing at the bar for so heinous a crime — 
what makes you think so? Why, says the witness, I have al- 
ways seen him drive his curricle and pair vf horses. So he 
was considered respectable for this. Thus, Sir, you can truly 
assert the magistrates respectability ; and if oppressive conduct 
on their part is to raise them in the estimation of the public, 
they may well boast of their high standing, for this disgraceful 
propensity. I have, however, as far as I have gone, proved 
to them that they shall not continue in the track they have so 
long trodden unmolested. I have disturbtd their nest, and leave 
you, Sir, to lull them, to rest. 

You certainly possess an elevated idea of your natural 
powers, to be able to censure the Lawyers who had the manage- 
ment of the magistrates' defence. Men who have for years been 
known for their legal judgment and honourable conduct, to be 
told by yoUj Sir, who possess as much judgment in law as your 
valet de chambre, if you possess one, that they did not act as 
they ought to have done, and as you directed. Really, Sir, your 
vanity is great. Had you boasted of your powers in JOCKEY- 
SHIP, or in the art af RUBBING DOWN A HORSE after a 
a day's journey, I then might be inclined to pay some respect to 
your opinion, knowing as I do the length of time YOU LA- 
BOURED AT THIS IN YOUR OWN DEAR COUNTRY, 
But to talk of law, is really as vain as the viper attempting to 
bite the file. You cannot succeed, so abandon this idea without 
further ado. 



118 



You have no right to complain of my reply through the same 
medium you have adopted ; I did not hold myself responsible for 
any Editorial Remarks^ emanaAing from the Editors of public 
journals^ but 1 feel myself called upon to expose YOUR IG- 
NORANCE, blended with PRESUMPTION, by which the 
honest and independent remarks of the WATCHMAN will not 
be viewed with a jaundiced eye, and which shall remain uncon- 
tradicted. 

For the present, allow me Sir, to take my leave of you, 
and in the words of an eminent author, I " leave it to the 
publick to determine whether your vindication of your friends, 
hasbeenas able and judicious, as perhaps it was well intended," 
and you, I think, may be satisfied with the warm acknowledge- 
ments they already owe you,for making them the principal figure 
in a piece, in which, but for your amicable assistance, they 
might have passed without particular notice or distinction, and 
not have been dragged tlirough that ordeal they have of late had 
cause to detest. 

HENRY STERNE. 

P.S. Since writing the foregoing, and coming to town, I 
have seen a letter in the JAMAICA HERALD of Tuesday last, 
signed ROGER SWIRE, purporting to shew forth a itatement 
of facts, in contradiction of evidence adduced by witnesses 
in the cause of STERNE, v, SWIRE AND OTHERS, tried 
last Court. 

$ UfSit Ita^e to sai^, ttiat t^e letter in 
qnt^tion i^ tfirotigliotit foreign from fact> 
aitttr ae Mtmt^. ^^ivt ants ot^ere are 00 
ittUtgnant at tlje eontmet of tfjeir ^ottn^el 
in tijeir late trial, ants moreover, fiabe, t>|? 
t!)eir oUjn illegal antj oppre^^i^e eontruet, 
in malting a seconU le^p, etien after re= 
eeiiJing mp action for tje tiret, placetr it 
in tnp poljoer of isenUing tfjem another 
action ; £ 0f)all tro m, antr tfjerelig gibe 
tjem an opporttsniti? of 0uli0tantiating 
0uc!j facte in open ^onrt. 

Hatting given the contradiction direct to the whole 
letter, I cannot single out either point for explanation, but to 
account for my note as addressed to Mr. Silvera, I simply say, 
that it was about the first I ever wrote in my life, and I solemnly 



119 



assert, that to tliebestofmy recollectiorijMr.Silvera was nevpr un- 
der my roof in his life, and that the first and only time I was ever 
under Mr. Silvera's roof j( except someonce or twice about four or 
five years aoo,w]ien he kept a store in Kingston) was-a day or two 
before the date of the note in question, and the cause of my 
then being tbere, was to subpoena him on the trial, Sterne, v. 
Swire and others; 'tis true I have frequently met him casually, 
as I have done otliers, but there has never been an intimacy 
between us, we have never had any dealings or money trans- 
actions of any kind whatsoever tog-etber, to that date therefore 
Mr. Silvera's assertion is correct. 

The note in question was occasioned by a request of his to 
me at the time of my subpoenaing him, that I would procure him 
some empty barrels to sliip off his crop of Arrow Root; my 
friendly style of addressing him^ was owing to the very inde- 
pendent manner I had heard he had dedaim^ed against my 
oppressors^ and the oppressions which he had himself witnessed 
was practised against me. 

This independence on his part, unsolicited by me, endeared 
him in my estimation, and I should have been ill-deserving of 
such, had I not felt it, 

1 could have brought forward many other respectable wit' 
nesses to substantiate the evidence already before the public, and 
much more, but the expence of doing so deterred me. IT 
SHALL NOT DO SO HOWEVER IN THE iNEXT TRIAL. 

HENRY STERNE. 
FRIDAY, 8th May, 1835, 



V In the JAMAICA HERALD, of Thursday, the 14th of 
May, 1835— as also in the WATCHMAN, of Wednesday, tbe 
20th May, 1835, will be found the following letter from M. M. 
Sollas, Esq., in answer to Mr. Roger Swire's most uncalled-for 
attack on my witnesses' character: — 

To the Editor of the Jamaica Herald. 
Sir, 

You have given publicity to a letter signed 
*^ Roger Swire," in your paper of the 5tli instant. Some parts 
of this letter tends to impugn my evidence y given before a court 
and jury of my country. I therefore feel it my duty to reply 
thereto — 'and consider you are in honour bound to give my re- 
ply publicity through the same channel, in exculpation of my 
feelings, which it is easy to suppose must be injured, by the un- 
called for attacks thereon. 

I shall hardly think it necessary to urge this as a right. It 



120 



is well known, the only ineans in this country, as well as others 
for correcting public injuries, are an expose of such injury in 
the public diurnals of the day. I am an advocate of this mea- 
sure, as is well known : but it is a duty incumbent on Editors* 
if they lend themselves to party accusations, to be strictly just' 
by giving the accused the same means of redress. After this' 
they might either disclaim entering further in the matter or not ' 
but you, Sir, will allow that, to be accused and be deprived o^ 
the only means of redress, is an evil which certainly should 
not be encouraged. 

I feel it necessary to say these few words, previous to my 
reply to the letter alluded to, as I am led to suppose you might 
feel some hesitation in allowing your paper to be the channel of 
unnecessary disputes and uncalled-for accusation?. You will no 
doubt, Sir, see the propriety of my answer, and do me that jus- 
tice I require, at same time I must apologise for the length of 
my communication, but which is not more than is necessary. 
I am. Sir, respectfully, 
Your obedient Servant, 

M. M. SOLLAS. 



TO ROGER SWIRE, ESQUIRE, 

Sir, 

'* Disappointed ambition- — resentment for de- 
feated hopes— and desire of revenge^ assume hut too often the 
appearance of public spirit.'''' In this, Sir ^ may be found the 
true reason that prompted you so unhesitatingly to give your 
name to the public^ attached to a letter you intend as an expla- 
nation for your conduct ^ so wisely reprobated by his Honor the 
Chief, in the last Assize Court. Had you consulted that neceg^ 
sary prudence, which, by your letter, you would have the public 
believe actuated you through the trial, '* LEMASNEY, V. 
STERNE," you would not. Sir, have compelled me to appear in 
the columns of a public newspaper . You have dragged me through 
the arena discussion- — and, so armed am /, in conscious innom 
cence, that your accusations shall be replied to, in manner and 
form, as I am satisfied will be the means ef teaching you the 
impropriety of advancing arguments in opposition to truth, 
unless you are strongly armed with undoubted proof. Know, 
Sir, 

*' The man in conscious virtue bold," 
Who dares his secret purpose hold, 
Unshaken hears the crowd's tumultuous cries, 
And the impetuous tyrant's angry brow defies ; 
Let Jove's dread arm with thunders rend the spheresj 
Beneath the crush ofworkls, undaunted ht appears.^' 



121 



I shall now proceed to act the part of an anatomist, -which 
youi kindness has led me to practice ; and you may rest assured, 
calling to my aid all the forbearance 1 can — well-knowing your 
stand and respectability among your parishioners — I shall so 
digest your letter, as will cost you some trouble to reconcile tlie 
truth to your mind, for you may be satisfied my reply sliall con- 
tain none of tbat 

" Tickling spice, tlie pungent seasoning, 

Which makes the motley dish of monstrous scraps 
So pleasing to the taste."— FLATTERY. 

No, Sir! it shall consist of " truth^ which needs no orna- 
ment" and, in my opinion, " mhat she borrows of the pencil is 
deformity, ^^ 

1st. Whatever the *' opinion of the Spectator,'^ might haTe 
teen as to your very great forbearance in the trial I had occa- 
sion to give my evidence on — I, who was a silent spectator, beg 
to notice that which I had not an opportunity of doing as a wit- 
ness, that the confused state of the court^ by the manner in 
which they broke up, nas as strictly true, as Anderson and 5tZ- 
vera proved ; and they might, with propriety, have added, it 
savoured more the seeming formality of justice ^practised by the 
Spaniards in ancient time, than a British Court of Justice, in 
the enlightened age we now live. 

2nd. If the master of the drogger ''was heard through his 
evidence," the recorded copy of the proceedings, taken donn 
verbatim, by the Deputy Clerk of the Peace, to obtain which 
Mr. Sterne was made to pay fifty shillings, leads to a different 
conclusion, {^see page 11) for while he was going on with his tes- 
timony ; he was stopped short, and Mr, Sterne -fined, in de- 
fiance of his request to hear at length the master of the Drog- 
ger, and his clerk, who was in attendance, — thus far for the re- 
gularity, and great '' forbearance evinced on the occasion by 
you. Sir. 

Srd. How gravely have you advanced the proof of your hav- 
ing no " improper feeling towards Mr. Sterne, by calling on him 
to produce his books, and, if it should appear he had weighed 
the hogsheads of sugar, you would have dismissed the case." 
Pray, Sir, did you not know Mr. Sterne had not complied with 
the order of weighing the sugars after they were shipped P I 
am sure you did. Then, for what purpose did you demand the 
wharf books? I answer, as proof against himself; this cer- 
tainly is one way of offering your leniency, another oi practising 
it^ Did not Mr. Sterne hold a note of the 6 th January, from 
Mr. Lemasney ordering the sugars to be shipped, and when this 
©rder was complied with, down came another one, demanding th» 



122 



weights of the sugars last shipped. This, Sir, is so curious a mode 
of advancing . explanation^ that I shrinU from further comments . 

4th. And so ^hecause Sterne felt himself obligated to Mr^ 
Silvera, for the manly expressions of his feeling, which he had 
unhesitatingly given utterance to, inunediately after the trial, 
showing his disgust at the apparent manner of administering 
justice in the parish in which he is a proprietor ; and for whlcli 
reason Sterne writes him, " My dear Sir, and yours truly. ^^ 
He, Silvera, is to be taxed with having spoken falsely ! ! let me 
pray you, for your own sake, to be more guarded when next you 
come forward to the public, holding up any man to ridicule, for 
it must certainly rebound on yourself with double force. 

5th. And now, Sir, I come to your fifth observation. You 
must certainly expect me to enter into some defence or explana- 
tion, and, no doubt, when you sent your letter for publicity, you 
were prepared for a reply. I must, therefore, do so, and hope 
you will read the same with as much mildness, as I did your en- 
deavours to show me up to ridicule, /or speaking^ as you insinu- 
ate, in favour of Sterne, at the expense of my character, whilst 
under the sanctity of an oath — an oath which I feel as tena- 
cious of violating, as you (PERHAPS) may tcith projJriety be 
indignant at even being suspected of abusing. I felt calmly 
at your endeavours to annoy my feelings, Sir ; because I knew I 
should so reply to you as would make galled jade wince. Did 
you hear my evidence before that honourable court and jury, of 
the 15th ultimo ? I am aware you did not — ^you were not pre- 
sent, and for which reason you should have been guarded how 
far you allowed insinuations to escape you, which can be so 
easily disproved. I go to the facts. 1 did not swear that 
*' Sterne never disputed the decisions of the Magistrates. If 
y6u will take the trouble to look to the report of the trial in the 
Kingston Chronicle of the 15th ultimo, and the Watchman of the 
iSth of the same month, you will therein see, I was made to say, 
that which 1 really did, " that Sterne very often questioned the 
legality of the Magistrate's opinion — and had good reason for 
so doing." Now, Mr. Swire, do you perceive how your endea- 
vours to abuse my character have been misapplied ? Do you 
see hoiv honestly I answered, and hotv unhesitatingly I followed 
that answer by my OPINION of the justness of Sterne's opposi- 
tion. Look to it, Sir, and blush for the prejudices you enter- 
tain against me, for uttering truth at your expense ; read, Sir, 
learn, and inwardly digest. Andvmsit not enough for Sterne 
to question Magisterial opinions when he was turned out Cby 
force of arms) of the Court-house, because he stood up in de- 
fence of his apprentice, and would not see him trampled on, for 
the gratification of private pique ? W<!ts it not sufficient tor 



123 



create his an^r and resentment, when he was threatened to be 
committed, because he was defending his property, which had 
been trespassed on ? And against the individual guilty of this 
trespass, an indictment was preferred, and a true bill found bj 
the Grand Jury ; were not these repeated displays of power quite 
sufficient to justify my opinion of Sterne's having " good rea- 
son to question the Magistrates' opinion ?" Certainly it was ; 
and I did not deem it necessary fcr me to keep it from, the court 
and jury. It is proper for me to inform you, that when I am 
giving evidence under the sanctity of an oath, the dread of a 
SUPREME BEING is always before my mind's eye, not that 
dread of uttering truth vjhich mic/ht create your ire. I think 
little of you. Sir, or your " stand in society, " that my judgment 
should be biassed ; and it is only to be regretted that you, who 
hold a commission as a local Magistrate, could descend from 
that high office to that of Censor-general of the parish of St. 
George ! As far, therefore, as this charge goes, I think I hare 
satisfied you by the mere report of the proceedings, by men who 
certainly had little interest iu gainsaying my evidence, that the 
allegations you advanced against me are not in strict accordance 
with the evidence I gave ; but, allowing that it v^as reported, as 
yon state, am I responsible for Editorial comments, or errone- 
ous reports of the trial ? I am sure I am not. Yet^I am happy 
to say J I confirm every word therein contained. You should 
have heard my evidence yourself, ere you attempted censure. 

You further proceed with your fifth charge, to say " he 
(Sollas) also swore that the furniture was not bought in for 
Sterne ; now I have evidence that the constable said this was the 
case at the time of sale, and enquired if the sale was legal." i 
have not the opportunity, Sir, of applying to the evidence you 
speak of, not knowing this person, whose name you have pur- 
posely withheld; but to the constable himself I have applied, to 
know if this statement was con-ect. The reply is such as satis- 
fies me, that my assertion cannot be gainsayed ; for he denies 
ever uttering such words ; and, therefore, Mr. Swire, your proof 
is as lame as the defence you could have adduced in the casfe of 
" Sterne v. Swire^ and others,''^ Annexed is the constable's 
note, which I think is better proof of the unfcundedness of your 
"evidences' " assertion, than Silvera's letter /rem Sterne is, of 
their intimacy. Is it because Mr. Constable, Mr. Tom, and Mr. 
Harry, should say of Mr. Swire that wliich would annoy the or- 
gans of his ear, were I to express them, that belief is to be placed 
in it — and your character tortured — your feelings outraged, and 
your veracity doubted, merely because a constable, or an indi- 
vidual should say of you that which is contraiy to truth ? The 
fallacy of this is too clearly proved ; aiid I am sure you will 
regret bringing before the public, matters which would have 



124 



rgstgdinmlivioriy did you not rashly reap them up, for a gra- 
tification which I have not allowed you to enjoy at my expense. 

It is the first time I have liad cause to reply to any indivi- 
dual in a public newspaper, and hope it may be the last ; but, 
■whenever I am called upon to defend myself against general as- 
sertions or abuse, however miich I feel wanting in the task — 
yet, possessing snch an ingredient as truth, I sliall never shrink 
from it. You will also find it most true, that those who are 
so scrupulous of hearing the words of truth, have more to " fear 
from the treachery of their own passions, than from any malevo- 
lence of mine." 

I remain, Sir, 

Your's, obediently, 

M. M. SOLLAS. 



( Extract of the Constable^ s Note, alluded to in my 
letter.) 

M. M. SOLLAS, ESQ. 

Sir, 

In reply to your query, I beg to observe, that 
I do not remember having ever used the expressions said by Mr. 
Swire in his letter ; and which he asserts can be proved by evi- 
dence, that you purchased in the furniture for Mr. Sterne. 
I am. Sir, 

Your obedient servant, 

EDWARD C. BURGESS. 



*^* Here the Reader's attention is called to rest for a mo- 
ment to these facts i— THAT it was IN CONSEQUENCE of the 
aforewrltten letters, passing through the public prints, that I 
determined to follow up the second illegal levy, by a second 
action, and not from any malicious motive, as many of the 
Kingstonians imagine, who probably had never heard or read of 
the foregoing letters, 

I accordingly gave my solicitors instructions, and they pre- 
pared a case for Counsellor Watkis, who framed the actions, 
which were immediately sent out for the June Grand Court, 
against the three Magistrates, Roger Swire, Robert Baugh, and 
Frederic White, which ran bs follows. 



125 
SECOND ACTION. 



Wn the Supreme Coiivt. 

June Tgrw— 1835. 
STERNE, HENRY, V. SWIRE, AND OTHERS. 

Surrtg, to Wiit* \ henry SIERNE, Esquire, the 

3 Plaintiff in this Suit, by Edward 

Mowat, his Attorney, complains of ROGER SVYIRE, FRE- 
DERIC WHITE, and ROBERT BAUGH, Esquires, (the De- 
fendants in this Suit) of a plea of trespass — for that the said 
Defendants heretofore, to ivU.^ on the Twentij -second day of 
January^ in the Year of our Lord, One Thousand, Eight Hun- 
dred and Thirty -five, with force and arms, in the parish of St. 
George, in the County of Surrey, seized, took, and carried away 
certain goods and chattels, to wit. — Ten mahogany sideboards, 
of the said plaintiff, of great value, to wit, — of the value of 
One Hundred Pounds, and converted and disposed thereof to 
their own use, and other wrongs, to the said plaintiff, then and 
there did, against the peace of our Lord the King, and to the 
damage of the said plaintiff of one hundred pounds, and 
therefore he brings this suit. 

EDWARD C. MOWAT, 

Plaintiff ^s Attorney, 



Any person reading the foregoing letters of ROGER 
SWIRE and M. F. G. LEMASNEY, would have thought that 
this second action was just the thing these magistrates desired, 
as they would now have an opportunity of clearing up their 
character in open Court, BUT NO ; they had no sooner got 
the actions, than they became alarmed, and sat to work devising 
plans, to prevent their being brought forward — they instructed 
their Solicitors and Counsel to enter pleas of a former recovery^ 
thereby thinking at once to quash the action. The following 
were tbe pleas put on record by them in the June Grand 
Court : ■ — 

PLEAS. 

AND the said ROGER, FREDERIC, and ROBERT, by 
Robejrt Davies, their Attorney, come and defend the force and 
injury, when, &c. ; and say that they are not, nor is any or 
either of them guilty of the said supposed trespass, above laid to 
their charge, or any part thereof, in manner and form as the 
said plaintiff hath above complained against them, and of this 
tlie said Roger, Frpderic, and Robert, put themselves npon th'? 
coxintjv, &r. 



126 



AND for a further plea in this behalf, the said ROGER, 
FREDERIC, and ROBERT, by leave of the Court here for this 
purpose, first had and obtained according to the form of the 
statute in such case made and provided, say, that the said 
plaintiff ought not to have or maintain his aforesaid action 
thereof against them, the said Roger, Frederic, and Robert, 
because they say that the said plaintiff heretofore — to wit., at 
the Supreme Court of Judicature, holden at the town of St. Jago 
de la Veg-a, in the County of Middlesex, in and for the said 
island, the second Monday in February, in the fifth year of the 
reign of our Lord the King, before the Honourable Sir Joshua 
Rowe, Knight, and his associates, assistant Judges of the same 
court, impleaded the said Roger, Frederic, and Robert, and one 
Robert Dunbar, and one Edward Cooper Burgess, in a certain 
plea of trespass for the committing of the very same supposed 
trespass in the said declaration abovementioned, whereupon this 
said Roger, Frederic, and Robert, and the said Robert Dunbar, 
and E. C. Burgess, afterwards, in the said term, pleaded, that 
they, the said Roger, Frederic, and Robert, and the said Robert 
Dunbar, and E. C. Burgess, were not, nor Avas any or either of 
them guilty of the said supposed trespass, and issue w^as thereupon 
joined on said plea between the said plaintiff and the said Roger, 
Frederic and Robert, and the said Robert Dunbar and Edward 
Cooper Burgess, and there upon, to wit, at the Assizes holden at 
the city of Kingston, in and for the county of Surry, on the second 
Monday in April, in the said fifth year of the reign of our said 
Lord the King, before the Honorable Sir Joshua Rowe, Knight, 
Chief Justice of the said Island, and Chief Judge of the said 
court, and his associates there, for the said county of Sui'ry; the 
said issue came on to be tried, and was then and there tried in 
due course of law by a jury of the country, duly summoned, 
tried, chosen and sworn in that behalf between the said plaintiff' 
and the said Roger, Frederic and Robert, and the said Robert 
Dunbar and Edward Cooper Burgess ; which jury, upon the said 
trial, then and there upon their oaths, found that the said 
Robert Dunbar and Edward Cooper Burgess, were not, nor was 
either of them guilty of the said supposed trespass, in manner 
and form as the said plaintiff had in his said declaration in that 
behalf complained against them, and that the said ROGER, 
FREDERIC and ROBERT jvere GUILTY of the said trespass, 
in the said declaration mentioned, in manner and form as the 
said plaintiff had in his said declaration in that behalf com- 
plained against them ; and that the said plaintiff had sustained 
damages by reason of the committing, by the said Roger, Fred- 
eric and Robert, of the said trespass, in the said declaration 
mentioned, to the sum of Fifty-one pounds, current money of 
Jamaica^ besides hi$ costs and charges, by him about his suit in 



m 



that behalf laid out , and for those costs and charges to nine 
pounds, seven shillings and sixpence halfpenny, and it -ioas 
therefore considered by the said court, that the said plaintiff 
should recover against the said Roger, Frederic and Robert^ 
his said davxages and costs, by the said jury upon the said trial 
assessed; and that the said Roger, Frederic and Robert, 
should be in mercy, as by the record and proceedings still re- 
maining in the said Supreme Court of judicature, at Saint Jago 
de la Vega aforesaid, more fully and at large appears, which 
said judgment still remains in full force and effect, not in the 
least reserved or made void; and this the said Roger, Frederic 
and Robert are ready to verify by the said record, wherefore 
they pray judgment, if the said plaintiff ought to have or main- 
tain his aforesaid action thereof against them. 

EDWARD PANTOX, \ Defendant's Counsel. 

BOS WELL MIDDLETON § 

ROBERT DAVIES, Defendant's Attorney. 



To said pleas the following Replication was placed on 
record. 

REPLICATION. 

And the said plaintiff as to the said plea of the said defed- 
dants by them first above pleaded, and whereof they have put 
themselves upon the country doth the like ; and the said 
plaintiff, as to the said plea of the said defendants, by them 
lastly above pleaded, saith that he the said plaintiff, by reason of 
anything by the said defendants in that plea alledged, ought not 
to be barred from having and maintaining his aforesaid action 
thereof against them the said defendants, because he saith that 
the said trespass, in the said declaration in this sxiit mentioned, 
nasnot the very same t) espass as that in the said plea mentioned 
and for, and in respect whereof, the said judgment in the said 
plea mentioned, n-as recovered in manner and form as the said 
defendants have above in their said last plea alledged^ 
and the said plaintiff prays may he enquired of by the country, 
f<c. 

PRICE WATKIS,, Plaintiff's Counsel. 
EDWARD C. MOWAT, Plaintiff's Attorney. 



Matters remained thus until the August Surry Assize Court 
came round, when, most unfortunately for me, both of my 
COUNSEL, viz. PRICE WATKIS, Esquire, who conducted 
my first action, and settled this, as well as FITZHERBERT 
BATTY, Esquire, who was also employed on my behalf, were 
both very unwell and unable to attend the court, whereas both 



128 



of the counsel for the defendants who conducted their first 
defence were qixite well and in attendance. 

I was now told by my solicitors, that I must either employ 
two fresh COUNSEL, or submit to pay the costs of the defen- 
dants, and so put off the trial ( besides my own costs, and wit- 
nesses expences, which were very heavy, considering I had ten 
witnesses brought from 40 to 60 miles.) 

Accordingly my two briefs, (which hy the by, alone, have 
cost 7ne forty odd pounds,) were handed, one to each, Mr. 
ATTORNEY GENERAL, Daniel O'Reilly, Esquire, and 
Counsellor EDWARDS, and 1 must do them both the justice 
here to say, considering the short space of time they were in 
their hands before the trial commenced, vjhich was not more 
than forty 'eight hours,) they did me every justice ; the ONLY 
POINT upon which I can find fault with them, and that to he 
snrehasturned out tobe a very serious one, is their not manfully 
standing their ground, against the arbitrary and savage display 
of power manifested by the Chief Judge, Sir JOSHUA ROVVE, 
who refused to allow them as my Counsel to interrogate the 
witnesses J as to the violent proceedings of the defendants 
against me, in the mock trial, Lemasney, v, Sterne, which was 
the origin of the present action, 

Mr. EDWARDS certainly did most strenuously insist upon 
the justice of my right, to fully sift and have out of the witnesses 
the full evidence of my cause of complaint, from the begin- 
ning, (which was my main object of bringing this action 
before a jury of my country,) but he was soon silenced, and 
seated, from the black looks and savage deportment of the 
Chief, who looked as if he could have swallowed the poor 
counsellor, for attempting to hold out, after he had once decided. 
ALAS FOR ME! that I had neither Mr. WATKl's or Mr. 
BATTY then present^ cither one of them would have soon 
she7vn His Honor law, as well as enforced my right to be fully 
heard through my witnesses. Mr, WATKIS would have thrown 
off the gown but what he would have seen his client righted. 

Mr. ATTORNEY GENERAL also, on leaving the court the 
first evening, valiantly declared, that from what he saw and 
heard, particularly of the conduct of the Honourable Custos 
Bell, one of my witnesses; that on the next morning he should 
insist upon my right, '' nay," he said, '' I see you have beetle 
and are an injuredman, and I shall enforce my right as your 
counsel, to sift the whole matter out from the beginning,^' but 
poor man, the next day, he certainly did struggle hard for me, 
but the Chief was obstinate, he looked black, black, blacky and 
seemed as if he could have swallowed up both Mr, Attorney 



129 

Ceneral, as well as Mr. Edwards i 1 must Lowever give the trifti 
as it proceeded . 



FRIDAY, August 21, 1835. 
On this day in the SURRY ASSIZE ^ this second action 
«f mine listed in court as STERNE v. SWIRE & others, came 
on to be heard ; the following composed the court and jury. 

THE COURT. 
Jbir SOSillUa ^OlSJr, Knight; Presiding Judge. 
Assistant Judges— -The Honourable SJOlmi^ai^, f^CC- 
tor ^ttCfirll, and ^ntlldUg ^abl^, Esquires. 



THE JURY. 



1. Frederick M. French, 

2. Cliristopher Francis, 
3 Thellaraont Da Silva, 

4. George Chevannes, 

5. Henry Forbes, 

6. James Dundas, 

7. Richard Blakely, 
8; John R. Ayley, 

9. R. C. Belinfante, 

10. Horatio Feurtado, 

11. William Humphreys, 

12. F. W. Cole, 



Port Royal, 
St Andrews, 
Kingston, 
St. Andrews, 
St. George's, 
St Andrews, 
Kingston, 

Kingston, 
Kingston, 
Portland, 



Planter, 

Schoolmstr. 

Retailer, 

Planter, 

Planter, 

Planter, 

Watchmkr. 

Planter, 

Storekeepr. 

Planter, 

Planter, 

Planter. 



Mr. ATTORNEY-GENERAL opened the case for the 
plantiff. He stated, that this was an action brought to recover 
compensation in damages, for a trespass committed on him by 
the Defendants, ROGER SWIRE, ROBERT BAUGH, and 
FREDERIC WHITE, icho had, in their character as Magis- 
trates^ most illegally and unjustifiably imposed a heavy fine ^ with 
costs ^ and had issued an illegal warrant, whereby certain va- 
luable furniture had been distrained on and sold. That there 
had been two illegal levies made — and that one action had been 
tried at the last Assize Court, for the first levy, at which time the 
Defendants were found guilty, and a verdict passed against 
them, at the hands of the Jury, for the sum of £51. 

That his client, the plaintiff in this suit, had been vcr.v 
cruelly dealt with ; and, notwithstanding that he had ot 
fered to drop all further proceedings against the Defendants, if 
they would recompense and make good to him the injury he had 
received at their hands ; that, instead of their receiving such 
reasonable propositions, and making reparation. They assailed 
and abused him, through the public newspapers ,• and found fault 
with their counsel, and attorneys, for not having brought for^ 
ycard their witnesses in the last trial. 



130 



That tlie plaintiff had been put to very considerable expense 
in bringing tliis case before tliem, but that he had now such a 
host of witnesses in Court as would he hoped, before he had 
closed his case, shew them such a scene of oppression as would 
cause them to give such a verdict, as would amply compensate 
the plaintiff in this case. 

THOMAS M'BEAN was called up and sworn. He proved 
that he had served a notice on the Defendant's Solicitor, to 
produce the original warrant, under which the levy was made. 

THE WARRANT was now put in evidence. 

EDWARD C. BURGESS {the constable who had eoi^ecuted 
the warranty hy making the iivo levies, and one of the parties 
who was actioned on account of the first levy) was called up 
and sworn. He claimed his expenses, and received £8. 

In answer to various questions put, he replied as follows ; 
Jam a Coistahle of Saint George^s, and am a brother-in-law of 
Mr. Sterne — I made a levy on him on the I2th January, under 
a warrant issued hy the Magistrates on the \Oth (here the war- 
rant was handed to him to be identified.) Identified the war- 
rant, to be the same under whicli he made the levy. The signa- 
tures are those of the defendants. Took away a handsome new 
couch and dining-table under the first levy. I made the second 
levy on the 22nd January. I first asked the Magistrates for a 
fresh watrant ; the defendants told me to make the second levy. 
They told me there was no occasion for a fresh warrant ; the 
w^arrant was for £25 fine, and £5 costs, besides my own costs. 
Took under the last levy a new mahogany sibeboard. The 
The couch and table in the first levy was purchased by Sollasl 
Sollas subsequently sold them to Sterne. I sold the second levy 
for £10 y I was induced from the low bids made for the side- 
hoard to become the purchaser myself. I bought it for £10. 
I afterwards sold it to Sterne for £11. I paid the m.oney. 1 
paid Mr, Lemasney £25, Mr. Dunbar £5, and my own fees were 
£2 16s. 9d, The levy was icorth more than the £10. lap- 
pointed a vestry day for the sale, thinking they would sell to the 
greatest advantage. Mr. Swire bid for the sideboard ; the fur- 
niture was certainly sacrificed ; they were worth considerably 
more than they fetched. 1 ivns present when the investigation 
was going on against Sterne ; it took place on the lOth ; Sterne's 
conduct and demeanour mas quite respectful ; he was exceed- 
ingly patient ; the magistrates were very hasty ; Mr. Sivire's 
demeanour was very intemperate. Here, 

Mr. MIDDLETON arose, and declared that his Honor 
could not allow any evidence to he adduced as regards the ma- 
gistrates' conduct at the summary trial, that had already been 



131 



before a court and jury ; and insisted that the plaintiff must 
noTV confine himself entirely to the illegality or not of the 
seen d levy, 

THE CHIEF coincided. Certainly, Mr. Middle ton, the 
cond^ict of the magistrates, be it what it may, at the summary 
proceeding, cannot now he questioned — that was a question in 
the first trial;, at rvhich time, I remember well, having passed 
a very severe censure upon them ; therefore it cannot now be 
broug h t forward. 

Mr. MIDDLETO^— Certainly not, your honor ; they 
have suffered already by a verdict for that error ; and I liope 
to sliew by and by, tbat tbey have sufferecT for tbis matter alto- 
gether, and that the plaintiff had no right to bring on this pre- 
sent action. 

THE CRIEF— Very well, very well, Mr.Middleton. Proceed 
with your witness, Mr. Attorney -General. 

Mr. ATTORNEY GENERAL and Mr. EDWARDS both 
rose. 

BE seated, Mr. EDWARDS, cried THE CHIEF. 

YOUR Honour, saijs Mr. EDWARDS— -hut 

THE CHIEF— Be seated, Mr. Edwards; proceed, Mr. At- 
torney General ; but remember we will not allow any thing of 
the summary trial to be questioned. 

Mr. ATTORNEY-GENERAL— Bwf I am sure your Honor 
will not act thus by my client. He is an injured man, and 
comes into this Honourable Court for redress ; and his wit- 
nesses must be heard out on his behalf. We have a whole host 
of them here in Court, at an enornicus expense, and they must 
be heard. 

THE CHIEF — You must confine yourself entirely to the 
second levy ; His no use to bring any thing forward about the 
magistrates^ conduct in the summary trial. We have decided, 
Mr. Attorney -General, so proceed with your witness. 

Mr. BURGESS'S examination was resumed. I received 
notice of the first action on the 21st, I had some conversation 
with Mr. Baugli, one of the defendants, on the subject of the 
action Sterne had sent out against the Magistrates, (and in 
which witness's name was included for having made the illegal 
levies as a constable), Mr. Baugh replied, " well, we must 
employ Counsel I suppose," and then he told me to make the 
second levy, I spoke to Mr. Swire about the first action being 
sent out, he said he did not think the plaintiff couldmake any 
thing of it ; this was not the day the second levy was made, the 
second levy was made after this ; I do not rightly recollect the 
rates, but I applied to each and all of the magistrates, before 



132 



1 would make the second levy ; I was frightened to act, having 
been myself served with an action on the frst levy ; THE 
GUSTOS, Mr. ^^\jh, was present when I applied to them about 
the second levy ; I solicited them to bear me harmless^ Mr. Bell 
said a further ivarrant was not required ; I was of opinion that 
the first le^y would have covered the amount of the distress 
warrant; Mr, Sterne shewed me a bill of parcels that they cost 
him £48. SoUas purchased the first levy; Sollas sold them to 
Sterne, Sterne has since sold them to Mr. Forbes, one of the 
gentlemen composing the present jury; when I ma^e the second 
levy, I am certain that the articles 1 first levied on, were not in 
Sterne's possession, I asked Mr. Hall, if he thought the sale was 
a good one, as I omitted to say, " lawfully bought and sold,^^ 
Mr. Hall said certainly it is a good sale, I was not on good terms 
with Sterne before I made the levy, I am ^ow. 

The examination of M. M. SOLLAS, Esq, Jun. was taken 
dehene-esse, he having sailed for America; and his evidence was 
adduced so far as to identify the signature of the magistrates 
to the warrant. 

The Honourable JOHN BELL was now called, and he 
would not give his testimony, or be sworn, until his expenses 
were first paid ; THE COUIXT awarded him seven pistoles, or 
£9. 6s. 8d, which was immediately paid by Mr. Sterne ; he 
was then sworn, it was with much difficulty he could he 
persuaded to answer a single question ; grinning his teeth, and 
constantly referring to the Chief, to know if he was bound to 
answer such, his replies were as follows: kaows that a levy was 
made on the plaintifi", under a warrant of the defendants, who 
are all magistrates of Saint George's; he might have had some 
conversation with them on the subject of Sterne's business, but 
cannot recollect the substance of such conversation, if he had 
any ; knows nothing of his knowledge ; Lemasney brought him an 
affidavit to swear him to, to ground proceedings on; recollects 
nothing of having given his opinion to make the second levy, 
under the warrant; recollects nothing of the summary trial; 
Baw the magistrates, defendants, at the court-house that day ; 
there was an election for vestrymen going on; is quite certain 
he knew nothing of the summary trial that day; recollects 
nothing of Swire or White'' s ordering the second levy to be made; 
thinks he saw the defendants seated at the table in the court 
house on the 10th, and the plaintiff, with Lemasney, and the 
deputy clerk of the peace was there, but knew nothing of what 
they were doing there ; I cannot swear they were not engaged in 
«ome business; I had no conversation with the defendants, 
they removed from the place they were sitting: I did not know 
♦U trial waa to take place that day. 



133 



The CHIEF here remarked that the court had been sitting 
that day, since 8 o'clock in the morning, (it was then near 
5 o'clock, p.m.) and would now adjourn the court, and resume 
he trial in the KQorning. 

The CHIEF then rose up, and said he would first say a 
word or two to the counsel at the bar, and the solicitor's in court 
and with an aspect more like a rvild bear with a sore head^ than, 
a human being) he must beg to notice, that it was very improper 
in them to allow such a trial to come on so late in the day, when 
there was such a host of witnesses to be examined, and that he 
had noticed the solicitors who conducted the present case, had 
conducted most all the cases in court that week, and that he 
would now make it one of the rules of his court, that solicitors 
should only be allowed to bring on their cases by rotation; he did 
not see why one set of attorneys should be allowed to monopolize 
all the time of the court; gentlemen of the jury, continued his 
Honor, we dismiss you for this evening, but expect you to be in 
your seats by 9 o'clock to morrow morning. 

Mr. MIDDLETON addressed his Honor the Chief, and 
stated, that as Counsel for the Defendants, he had to request, 
that his Honor would bring into Court with him in the morn- 
ing, his note-book of last Court, containing the trial of Sterne 
V. Swire, and others 

THE CHIEF— -What is your object, Mr. Middleton; 

Mr. MIDDLETON— ff^yiy, your Honor, I intend to shew 
thereby, that evidence was given in the last trial of the second 
le*jy—-and, consequently, we must non-suit the plaintiff. 

THE CHIEF— Very good, Mr. Middleton, we will bring 
our notes. 

And now the Court broke up. 

SATURDAY, 22nd AUGUST. 

The Court being again opened this morning, and the Jury 
in their seats, the trial of Sterne v. Swire and others, was re- 
sumed, after a short preface by the Attorney-General. 

ROBERT HUTTON was called up and sworn. Having 
claimed his expenses, the Chief awarded him eight pistoles^ or 
£10 iSs. 4d,, which was immediately paid by Mr, Sterne, His 
answers to several questions put were as follows : he was present 
at the sale of both levies ; is a cabinet-maker by trade; consi- 
ders the sideboard last levied on to be well worth £20 ; heard 
Mr, Swire bid up for it at the sale ; considers it sacrificed when 
sold for £10; heard Swire and White, both order the Constable 
to make the second levy ; heardCustos Bell give his opinion that 
*t second warrant was not required ; but to make a second levy 



134 



under the original one ; White said^ levy, ^evy, till the fint and 
costs are all paid ; n-as present at the summary trial. 

THE CHIEF here called out — We told you yesterday, Mr^ 
Attorney -General , that we would not allow the witnesses to be 
questioned about the summary trial, 

THE ATTORNEY -GENERAL— -Buf, your Honor, roe 
must sift the witnesses ; they have a deal to prove ; it will ruin 
my clienVs cause if J do not, 

THE CHIEF — The Court have decided ; we will nut al- 
low it. 

D. M. SOLLAS, Esq., sen. — Called up and sworn. De- 
manded his expenses, and was awarded £10 13s. 4d, and paid. 
His answers were as follows ;— Mr, Sterne rented Euff Bay 
wharf; had no conversation with Swire, or White, after the 
levies; had a conversation previous to the first levy ; advised 
White as a friend not to sit on the summary trial, and not to 
meddle in the matter ; White laughed at me ; White said a ma- 
gistrate can always get off under plea of an error of judgment ^ 
was at the Court House on the 10th. 

THE CHIEF — Now, really, Mr. Attorney -General, we will 
not allow those questions. 

Mr. ATTORNEY-GENERAL— pr% really, your Honor, 
it is picking my clienfs pockets to bring up witnesses at this 
enormous heavy expense, and then not to he allowed to examine 
them on the point. 

THE CHIEF — We cannot help that. Have y ou any thing 
else to prove — have you any more witnesses. 

Mr. ATTORNEY-GENERAL— mf?tesses—aw£Z to prove. 
Why, your Honor, we have several more witnesses ; and they 
can all prove abundance , if you will hut hear them. 

THE CHIEF' — We cannot hear them on the points al- 
luded to. 

Mr, ATTORNEY-GENERAL— r/ien our case is closed, 
we can do no more Oh, yes, by the bye, there is Mr.Mowat. 

Mr. MOWAT, called up and sworn — I am employed by 
Mr. Sterne, as his solicitor } received instructions from him to 
issue an action upon the first levy ;was not aware at the time, of 
the second levy ; the action was served on the last day of sum- 
monsing ; Mr. Sterne offered to compromise under my advice, to 
purchase peace, by the payment, on the part of the defendants, 
of £30, the levy being illegal. The verdict inthe former action 
M'as £51 ,• Mr. Sterne^ e costs were more than that sum. 



135 



CROSS-EXAMINED by Mr. Panton— Will not undertake 
to say that evidence was not given in the former action, as to the 
second levy ; the offer of compromise was made just after the 
last trial. 

DEFENCE. 
Mr. MIDDLETON addressed the Jury for the Defendants. 

An offer was here made to compromise by the plaintiffs on, 
condition that the defendants should allow a verdict to pass 
against them for the value of the furniture levied on j but this 
was rejected by the defendants. 

The JUDGE'S NOTES of the former trial were now called 
for by Mr. Middleton^ and^ on being produced^ were read in 
evidence s to shew, that evidence had been given, not only as re- 
gards the first, but the second levy, which was eagerly seized 
hold of by the Defendants' Counsel. They ran as follows: — 
{John E Anderson was the witness.) Witness imagined that the 
value of the goods taken under the first levy was about £40 ; 
the goods were sold for about £24 or £25 y was present at the 
second levy after the sale of the first, under the same warrant ; 
the goods taken under the second levy were worth about £16 y 
and this was all the notes taken down by his Honor respecting 
it. But of Mr. Watkis^s explaining to the Court and Jury, at 
the time J that the evidence of the second levy had nothing to do 
with the then action ; his Honor had taken no notes — neither 
were there any notes taken down by his Honor , of his Honoris 
comments to the Jury, on that head — at least his Honor did not 
now produce any in Court, (but if the reader will refer back to 
the first trial, page 99 i)" 104) he will find my own notes as taken 
down in Court, during that trial, fully on this point) ; these 
notes were therefore handled by the Defendant's Counsel as 
conclusive against the plaintiff, 

ROBERT DUNBAR, the Deputy Clerk of the Peace for 
Saint George {the ignorant Clerk of the Peace, as his Honor 
designated him in the first action) was the only witness (OUT 
OF THAT VALIANT BAND OF RESPECTABLE HEROES,) 
which Mr. Swire and Mr. Lemasney boasted of being able to 
produce, see their letters,page 104, 1C9) called up on the part of 
the Defendants. His answers were — Sterne said if he could re- 
cover £500 damages against White, he would pursue him to any 
part of the world — Sterne has frequently annoyed the Magis- 
trates, and has been exceedingly disrespectful. 

Mr. PANTON now closed the case for the defendants in a 
very heated and violent speech. He designated the plaintiff 
as a troublesome and obnoxious individual, who had already 
received at the hands of a jury, ample recompense for the 
the unfortunate error in judgment committed by the defendants; 



136 



that the Jury had in evidence before them (by Mr. Dunbar) 
that the plaintiff was in the habit of assailing the Magistracy 
and that he had brought this action forward for no other pur- 
pose than to make money ; but he trusted and hoped that the 
Jury would think as he thouglit, \iz.^— thai the plaintiff had 
been already amply compensated, and so find a verdict for the 
defendants. 

Mr. ATTORNEY GENERAL now replied on the behalf of 
the plaintiff, he represented the plaintiff' as an injured man, who 
had been compelled at an enormous expense to bring this case be- 
fore them; that they, the jury ^ themselves witnessed apart of it, 
witnessing the large sums, he had been compelled to pay to the 
different witnesses, hefore obtaining their testimony, and that 
such testimony was only partially given: that there were many 
others of his clienfs most respectable witnesses now in court; 
and who had been brought there at a vast expense, which had 
not appeared on the boards before them; in consequence of the 
severe view his Honor the Chief Ju^tice had taken of the case, 
and witheld their testimony from them, that he could not help 
telling them, the jury, that he thought it a very hard and 
cruel case for his dient; witness, gentlemen of the jury, con- 
tinued the learned counsel, the conduct 0/ f/te HONOURABLE 
JOHN BELL, Gustos Rotulorum for the parish of St. George's, 
a gentleman so. wealthy, and high in rank, he comes here hefore 
you, and enforces such a monstrous sum of money out of my 
client' s pocket to pay his expenses, and then after all, gentlemen 
what was his testimony? why that he had forgotten all about it^ 
or at least he had forgotten all in favor of my client, and re- 
membered all against him; but gentlemen, 1 could have produced 
such strong and convincing evidence, of the cruelty and injustice 
practiced by the defendants, and others enleagued with them 
against my client, had his Honor the Chief not prevented me, as 
would have astonished every gerxtleman in this court-house 
this day. 

AND now, gentlemen of the jury, let me tell you in reply 
to my learned friend's arguments, that his Honor's notes of the 
last trial, is to be held by you as conclusive; that the jury had 
received such evidence, and awarded ample compensation for 
both levies, ; as also in reply to the observations which fell from 
his Honor on tliat head; gentlemen, neither myself, or Mr, 
Edwards, who are conducting this case for the plaintiff to-day 
were connected in the last trial, but my learned friends, Mr. 
Panton and Air. Middleton were both, the counsel for the 
defendants in that case, and his Honor the Chief then presided, 
as he does now, and should certainly recollect every thing that 
transpired, he has told you that he recollected giving the 



137 



defendantg at that time a very severe reprimand for their 
conduct ; but the rest he has forgotten. But, gentlemen, let 
n^v now tell you, and his Honor likewise, that his Honor could 
not have done his duty, if he had allowed such evidence. Nay^ 
it was imvossihle, that it could have been received as evidence^ 
for the very learned Counsel, who are now so anxious to make 
you believe that it was then received, would and must have arisen 
against it. HIS HONOR COULD NOT HAVE RECEIVED 
IT, BECAUSE THE ACTION THEN SENT OUT, ONLY 
CHARGED THEM W^ITH THE FIRST TRESPASS, THAT 
OF THE 12tli JANUARY, and the articles were therein spe~ 
cijically stated (see T[>9.ge 25). Now, our present action is for 
a trespass committed on my clienVs property, after the first 
action had gone out, ON THE 22ad JANUARY, on a hand- 
some sideboard therein specifically stated, not a single word of 
which is stated in the first ac/ion. Gentlemen, I hope you will well 
weigh all those serious facts, on the behalf of ray client Gentle- 
men, thougli some of you now sitting on this case might have 
heard me only two days since exerting myself against my pre- 
sent client, as 1 am now exerting myself in his favour, yet I do 
assure you, that something has come to my knowledge, since I 
last addressed this Court, when I was Counsel against him, 
which I assure you, gentlemen, causes me to form a very differ- 
ent opinion of him now, than I then entertained. I know him 
to possess honour, gentlemen, however obnoxious my learned 
friend has endeavoured to make him appear in your eyes ; 
trusting, therefore, that you will, by your verdict, sufficiently 
remunerate him for the injuries he has sustained, and the heavy 
expenses he has been put to. 1 leave the case in your hands. 

THE CHIEF JUSTICE, Sir JOSHUA ROWE, now sum- 
moned up the whole. He reprobated the attack of Mr, Attorney 
General upon Mr. Bell, and other witnesses for claiming their 
expenses, which the law allowed them to claim. That, with re- 
gard to the case itself as it stood before them, they were to be 
the Judges. They must, however, discard from their minds the 
eloquent address of the learned Attorney -General, and look to 
the evidence and the facts adduced- The warrant only was 
illegal in respect of costs being included^ which was entirely an 
error of judgment ; BECAUSE THERE IS NO EVIDENCE 
TSlOW GIVEN BEFORE YOU OF MALICIOUS FEELING ; 
that was a subject of former action. The jury in the former 
action, no doubt, gave, as they considered, ample remuneration 
for both levies, and all injury sustained. / am bound, therem 
fore, now to tell you, that it will be necessary for you to take 
into consideration the fact, of the second levy being given i» 
tvidenee, and decide accordingly. 



138 



THE JURY retired, and were locked up for some hours. 
At length tliey appeared m Court, finding for the defendants, 
with a recommendation that each parly should pay their orvn 
COSTS. 

THE CHIEF said — It was the business of the Court to decide^ 
us regards the costs, which they should attend to. 

Thus closed the second trial. 



My two trials against the St. George Magistrates (but 
{more properly designated by Counsellor Watkis in the first 
trial of April, 1835, as the St, George's Daniels), under the 
title of Sterne v. Swire and others, being now closed. It is here 
needful for me to point out the very gross hijustice of the Chief 
Justice, Sir Joshua Rowe, towards me in regard to these trials^ 
before I proceed further with this work, and the trials of Special 
Justice White. 

FIRST THEN. It is necessary to state, that, previous to 
February Grand Court, 1835, the party in a suit at law, either 
as plaintiff or defendant, who were cast by the verdict of a Jury, 
were saddled with the taxed costs of the court, which varied 
from the nature of the actions, from £5 to £20, but which costs 
were exclusively the fees of the Chief Justice, and the various 
officers of the Court — quite distinct— and having nothing what- 
ever to do with the parties' costs out of purse, such as their So- 
licitor's bill, witnesses' expenses, &c, &c. — this portion of costs 
each party had invariably to bear himself, whether victorious 
t)r not. 

BUT, in the February Grand Court of 1835, Sir Joshua 
Rowp, made it a standing rule from thenceforward, that the 
unsuccessful party in any suits tried in his Courts, should not 
only pay the ordinary taxed costs of the Court, but likewise 
the further full costs out of purse of the victor, vie.-— his 
solicitor's bill and witnesses expenses. 

The following were the reasons given by the Chief, in open 
Court, as ST. JAGO DE LA VAGO, and copied into all the 
Jamaica newspapers, during the sitting of the Supreme Court 
of February, 1835. 

WOODGATE V. MALABRE. 
In tiiis case a rule was obtained in the last Supreme Court, 
(viz., October. 1834) calling on the plaintifiF to shew cause why 
he should not pay the defendant the cost of non-suit, to which 
rule, cause has been shewn. The principal point involved in this 
discussion is, whether the English acts, giving the Courts of 
Westminster Hall the power of granting costs are in force in 
this island. Two other points are also raised, viz.— that, admit- 



139 



ting those acts to be in force, they are controuled by the provi- 
sions of an Island Act, passed in the 1 0th Anne, which is res- 
trictive of the power given by the English acts, that the 24th 
Geo. II., c, 12 ; also an Island Act, shews this court cannot give 
costs except in the cases therein specified, and this not being 
one of them, the rule must be discharged. The Court were of 
opinion, after a most careful investigation of the records of the 
same, and an attentive consideration of the 10th Anne, and the 
24th Geo. II., that the English statutes are in force, and are not 
controuled by the island acts, and that consequently they have 
the same power of granting costs as the judges of the superior 
courts in England possess. 

Any one at all, said the Chief, acquainted with the history 
of this island, is aware, that one of the principal struggles of 
its inhabitants was to obtain the benefits of the laws of England, 
and that the differences on this subject were put an end to by 
the 1st Geo. IL, which declares, '* that all such statutes and 
laws of England as at any time have been esteemed, introduced, 
used, accepted, or received as laws in this island, shall and are 
thereby declared to be and continue laws of his Majesty's island 
of Jamaica for ever. 

If, therefore, it can be shewn that the statutes of England 
relating to costs were acted upon in this island before the 1st 
Geo. II., and are not controuled by any subsequent act, there 
ican be no doubt we can give costs according to our discretion. 

In most of the cases which have come before the court on 
this act, we have been obliged to infer that th-e laws of England 
were acted on in this island previously to its passing, from the 
fact, as far as any fresh evidence could be procured, of their 
having been acted on since that period, but in this case we are 
left in no doubt, nor driven to any presumption, for by the re- 
cords in the oifice in the Clerk of the Court, which I have most 
carefully examined, we find that from the earliest period, even 
before the lOth Anne, costs were always given, and, when taxed 
formed part of tlie judgment. In the absence of this positive 
evidence we might fairly have inferred, that, as the Elizabeth, 
c. 2., giving costs in cases of discontinuance, and the 8th and 
9th W. III., cap« 11, giving them in demurrers, are clearly 
acted on here, that the other statutes of England relating to 
costs must also be considered in force ; but even this inference 
we are not called on to draw. 

Now, as there are not, and never were, any acts of the Is- 
land giving this Court the power generally of awarding costSj 
and without such they could not be given, either in favour of the 
plaintiff or defendant, it is clear that the judges before the 1st 
Geo. H. acted on the authority of the English statutes, and con- 



140 



eequently they must now be in force here, unless controuled hr 
some Buhsequent act of this island. 

And this brings us to the consideration of the second point, 
Tiz. whether the 10th Anne limits the power, we are clearly of 
opinion the court possessed before the passing- of that act; we 
think that that act does not, as it in no way bears on this ques- 
tion. The object of that law was to fix the fees of certain public 
officers, and by the 83rd section, the fees of lawyers for the 
performance of certain portions of their professional duties is 
fixed, and supposing there were no subsequent act increasing 
those fees, it is clear that the officers of the court in the taxation 
of bills of costs, either between party and party, or attorney 
and client, could not allow more than this act directs, for the 
business specified by the 33rd section ; by the coimsel who 
shewed cause against this rule, it icas contended that we cannot 
award any costs beyond the fees fixed by the SSrd section, and 
that those fees form the taxed costs now allowed, and the prac- 
tice of the officers of the clerk of the "court was pressed upon 
us, as shewing that nothing beyond those fees having been 
allowed since the 10th Anne, our predecessors considered 
tliemselves bound by that act. 

If the facts, as stated were true, we should hesitate before 
■we gave a decision, which would alter a practice of such long 
standing, as I think we shoiild have been bound to consider that 
such practice was the interpretation given to this act ; but in this 
view of this case, the early records, and the present practice, 
corresponding as it does with that of by gone days, as evidenced 
by those records, clear away all the difficulty; for I find that 
previously to the 10th Anne, the costs varied from £1 13s. 4d. 
to £23 Os. ll^d. and since the passing of that act, from 
£1. ISs. 4d. to £35. clearly shewing that in the taxation of costs 
as between party and party, the amount taxed has yet been by 
the scale given by that act, as under no circumstances could the 
fees mentioned in it, come up to the suras I have stated, and 
besides many of the items allowed by the clerk, form no part 
of the scale of the fees in the 33rd sections. 

This brings me to the consideration of the 3rd and only 
remaining point relied on by Mr. Edwards, as counsel for the 
plaintiflF, viz. the effect of the 24 G. II. c 19, on this act he 
appeared to us, mainly to rest his answer to this rule, and he 
contended that if the court had the power of awarding costs, 
this act was a work of supererogation, as it cannot be presumed 
that the legislature would have passed an act to give a power 
which was already possessed. It was also urged as a legislative 
declaration, that the English statutes could not have been acted 
en previouslv to the 1st G. II, »p this act, passed twenty-thre* 



141 



years after, directs the payment of costs in certain specified 
cases, and shews that, excepting to those cases the court has 
not the power to award costs. This argument, is on the sur- 
face, specious, but when we look at the preamble of the act, 
which declares the object which induced the legislature to pass 
it, and. consider the words of the first section, which alone refers 
to this case, it appears to us to be clear that the act does not 
control the discretion given to the court by the English statues. 

The principal object which the legislature had in passing 
the 24th G, II. was to induce merchants and others in 
England, to advance monies to enable the planters here to settle 
estates, by giving greater costs to plaintiffs, in the actions men- 
tioned in the first section, than the court had been previously in 
the ha'^it of giving to plaintiffs. 

There are many expences incurred both by plaintiffs and 
defendants, in the prosecution and defence of actions at law, 
which are not allowed by the officer in taxing, but by this act 
the defendant is not onlyto pay, in the event of a verdict passing 
against him, the '' usual taxed costs,'' but, *' all such further 
and other charges, as the plaintift', or his attorney and agent in 
tMs Island, shall by affidavit, make appear to have been by him 
laid out and expended in the same cause." This act therefore 
as we conceive, does not limit the payment of costs to those cases 
which it enumerates, but merely gives to the plaintiff in tliose 
cases, costs beyond those usually allowed in taxation; if this be 
the true construction of this act, instead of being a legislative 
declaration, that in no other cases than those which it specifies 
the court can grant costs, it is a distinct recognition that costs 
bad been previously awarded and taxed by the clerk, and which 
costs I have shewn, are not confined to the items enumerated in 
t]ie 10th Anne, but appear to have varied according to the ca- 
pricious opinion of each successive clerk, or the judges by their 
officer, have been in the habit of exercising their discretion in 
granting costs against an unsuccessful party, whether plaintiff 
or defendant, and this application impeaches that discretion, by 
alledging that sufficient costs have not been allowed; now as we 
think, adopting tbe language of the preamble of the 24th G. II. 
c. Id. that '' the obliging all men to a compliance with their 
contracts, and a punctual payment of their just debts," will be 
of infinite advantage to the community, and that nothing is so 
likely to procure this advantage, as the inflicting on parties the 
payment of heavier costs than those which are at present allowed 
in taxation, ive will in future direct such costs to be paid beUveen 
-party and party ^ as shall on the one hand sufficiently indemnify 
a plaintiff when compelled to bring an action to obtain his just 
rightfi, and on the other, adequately punish him for a false claim; 



142 



but as we do not think that any alteration in the costs should 
have a retrospective operation, we discharge this rule, but 
without costs. 

February 17, 18S5. 



AND now then, having laid this statement open to view, I 
must call the attention of the reader back to the first trial, (see 
page 95 to 100) which after he has given his attention to, say 
particularly to the defendant's counsel's speech, (Mr. Panton's) 
on the subject of costs, with his Honor's, the Chief's, tacit 
coincidence therein, as also to the verdict of the jury then re- 
corded; I must then refer him to my address to His Excellency 
the Governor, under date June 12, 1835, (see page 52) wherein 
I state, " had it not been for the independence of His Honor 
the Chief Justice, in the last Surry Assize court, &c." being 
at that time quite certain of obtaining my bill of costs, when 
the then ensuing June Grand Court came round for it, to have 
been taxed, according to Sir Joshua Rowe's new rule, which 
both my counsel, Mr. Watkis, and my solicitor, Mr. Mowat, 
assured me of, and further to (see page 105 to 107,) what the 
public newspapers, under date 22nd April, 1835, had said on 
that head, 

AND now having given those references back, I proceed to 
give a copy of the different documents, as prepared and served, 
by my solicitors on the proper parties concerned, previous to 
the intended taxation of my bill of costs, to be entered up, in 
the June Grand Court, as part of my judgment obtained in the 
April Assizes, 



DOCUMENT No. 1, 
Is a Notice to tax Bill, from ray Solicitors. Messrs. Mowat 
and Read. Served upon the Defendants Solicitors, Messrs. 
Whithorne, Forsyth, and Anderson, and acknowledged by them. 
Dated 23d May, 1835, on the proper stamp, and as follows: 

Sterne^ Henry, v. Swire, Roger, and others, 

ajutFgmrnt oiJtainrtr, dFthvuat^ O^rantr 
Court, 1835. 

TAKE NOTICE, that the bill of costs out of purse incur- 
red by the plaintiff in this causCj will be laid before Sir 
Molyneux Hyde Nepeon, Baronet, Clerk of the Supreme 
Court, id his Office^ in the Town of Saint Jago de la Vega, on 



148 



Friday^ the i9th day of May instant^ for taxation^ when and 
where you may attend if you think "proper. 

Dated this 23d day of May^ 1835. 

MO WAT & READ, 

Plaintiff 's Attorniea. 
Ta Meatrs. Whitehorne, Forsyth^ and Anderson^ 
Defendant's Attornies. 

Received, W. F. & A. 



DOCUMENT No. 2, 
Is a receipt for witnesses' expenses, of £8. 
Received of Henry Sterne, Esquire, the sum of six pistoles^ 
the expenses of my attendance at the Assize Court ^ and which 
amount was awarded to me by the Court. 
Kingston, I6th April, 1835. 

ISAAC SILVERA. 



DOCUMENT No. 3, 
Is a receipt for witnesses' expenses of £6 1 3s. 4d. 
Received of Henry Sterne, Esquire, the sum of Jive pis- 
toles, the expenses of my attendance at the Assize Court, and 
which amount was awarded to me by the Court. 
Kingston, IQth April, 1835. 

JOHN E. ANDERSON. 



DOCUMENT No. 4, 



Is a receipt for witnesses' expenses, of £8. 

Received of Henry Sterne, Esquire, the sum of six pistoles 
the expenses of my attendance at the Assize Court, and which 
amount was awarded to me by the Court. 

Kingston, IGth Aprily 1835. 

M. M. SOLLAS. 



DOCUMENT No. 5, 



Is an affidavit of the service of subpoenas upon two of ray 
witnesses, with a statement on oath of service money, and mile 
money paid each, on the proper stamps. 

STERNE, HENRY, v. SWIRE, ROGER, and others. 
HENRY STERNE, of the parish of Saint George, in the 



144 



County of Surry, and Island aforesaid, Esquire, being duly 
sworn, maketh oath and saitJi, That he did, on Saturday, the 
tn-enty-first day of March last past, personally serve John 
Edward Anderson in the annexed original snhpcena, named with 
the said subpoena, by delivering unto and leaving with him a 
true copy thereof, and the sum of one shilling and three pence 
service money, at the sam.e time shewing unto him the said ori- 
ginal subpcsna. And this deponent further saith, that he, this 
deponent, did at the tiw.e of serving him with the said subpoena, 
tender unto and leave with him the sum of two pounds currency, 
for his travelling expenses, being at the rate of one shilling for 
each mile from his place of residence to the city of Kinqston ; 
and deponent further saith, that he did, on Friday, the twenty- 
seventh day of March last past, also personally serve Isaac 
Silver a in the annexed original subpoena , also named with the 
said subpoena, by delivering unto and leaving with him a true 
copy thereof, and the sum of one shilling and three-pence ser- 
vice money, at the same time shelving unto him the said original 
subpoena. And this deponent further saith, that he, this depo- 
nent, did, at the time of serving him icith the said subpcena 
tender unto and leave ivith him the sum of three pounds cur- 
rency for his travelling expenses, being at the rate of one shil- 
ling/or each mile, from his place of residence to the city of 
Kingston, 

HENRY STERNE. 

Sworn before me, this "i 
14th clay of April, 1835. I" 

JOHN PHILLIPS, per Commission, 



DOCUMENT No. 6. 



Is an affidavit of materiality as regards the necessity of such 
services, on the proper stamps. 

STERNE, HENRY, V, SWIRE, and Others. 
HENRY STERNE, of the Parish of Saint George, in the 
County of Surry, and Island aforesaid. Esquire, the Plaintiff in 
the above cause, being duly sworn maketh oath and saith, 
That John Edward Anderson, and Isaac Silvera, in the annexed 
original subpoena named, are very material wiinesses, and each 
of them is a very material witness on the part and behalf of this 
deponent in the above cause, and that ivithout the bemfit of the 
testimony of the said John Edward Anderson, and Isaac Silvera, 
he, the deponent, cannot with safety proceed to trial therein. 



145 



and this deponent saith^he doth not make this affidavit for tht 
purpose of delay, but only to obtain complete justice in the 
above cause. 

HENRY STERNE. 
Sworn before me, tins 1 
14th day of April 1-85. J 

JOHN PHILLIPS, per Commigsion. 



DOCUMENT No. 7, 

Is an affidavit similar to No. 5 — only upon anotlier witnesB, 
and on stamp likewise. 



DOCUMENT No. 8, 
Is an affidavit similar to No. G — only upon another witness, 
and on stamp likewise. 

DOCUMENT No. 9, 
Is a further notice to tax bill, similar to No, 1 — but dated 
3id June, 1835, on the proper stamps, the meeting having been 
adjourned. 

DOCUMENT No. 10, 
Is an affidavit of my own as prepared by my solicitors of, 
the costs of increase ; without wliich, the bill of costs could not 
be attended to, and on the proper stamps. 

fin tfie ^ttpreme Court* 

STERNE, HENRY, v. SWIRE, ROGER, and others. 
Judgment obtained, February Grand Court, 1835. 

HENRY STERNE, of the Parish of Saint George, in the 
County of Surry, and Island aforesaid, Esquire, the plaintiff 
in the above judgment, heiyig duly sworn, maketh oath and 
saith, that he hath in the above cause, incurred with, and he- 
come liable to pay, and has in part paid to his attornies at law, 
the annexed bill of costs, amounting to the sum of SEVENTY- 
NINE POUNDS, ELEVEN SHILLINGS, and FIVE PENCE 
current money of Jamaica, which this deponent believes, being 
so advised, he is entitled to have taxed, as costs of increase in 
the above cause, 

HENRY STERNE. 
Sworn before me, this "» 
28rd day of May, 1835. C 

JOHN PHILLIPS, per Commission, 



146 



DOCUMENT No. 11, 

IS THE BILL OF COSTS itself, amounting to £79 lU. 
oil., wliicb would liave been taxed, and appended to the afore- 
mentioned judgment j but, in consequence of the particular in- 
structions of the Chief Justice, Sir Joshua Rowe, himself. The 
Clerk of the Court, instead of taxing it, endorsed on the back^ 
" This hill to he allowed to stand over till Monday at nine 
o^clock. 



When the Monday arrived^ which was the first day of the 
Supreme Grand Court, for June, 1835, the Chief Justice stated^ 
that he did not intend to allow me my costs ont of pursCj but 
merely the ordinary taxed casts of the court, which amounted 
to only £9 7s. 6^f?., which £9 Is. G^d. were the Chief Justice'^s 
and other officers of the court^s, fees ; and not forming any 
portion of the £79 lis. 5(Z., thus, adding this charge, my real 
bill of costs amounted to £88 18s. llcZ. 

The verdict granted me by the jury, was £51, and now ad- 
ding the costs of court, my judgment amounted to £60 7s. 
G^d. Thus the reader will observe, that on this \st action 
alone, although I obtained, a verdict for £51 damages, it did 
not cover my cash bill of costs, actually expended by me in 
bringing this atrocious case before a court and jury, by £28 
lis. od., saying nothing about my own lodging hill and private 
cxpences which of course was not intrcduced (neither could it 
have been) into the aforenamed bill of £79 lis. 5d. 

Where then I ask, is the justice I obtained ? does not com- 
mon sense point out, that the jury fully intended the £51 ver- 
dict of damages, granted to me by them, was to indemnify me 
for my furniture, so unjustifiably and illegally levied on — 
taking it Jar granted, of course, according to the shewing of 
the defendanfs own counsel before them, which was tacitly 
allowed to be correct by the Chief Justice then sitting, that I 
should, besides the verdict of Fifty -one pounds damages, be re- 
paid all my bill of costs inhringing this action. 

^^■^ NOW, KIND READER, if I have excited your feel- 
ings, or raised your surprise, as to the treatment I have experi- 
enced in regard to tliis first action ; w¥nt will you say, when 
you have heard my narration of the second action and continued 
onwards to the further trial against Mr. White. 

THE JURY on the second trial, being led away by the 
extraordinary tact of the Chief Justice — who so arbitrarily kept 
ba:k the evidence of my witnesses, and impressed upon their 
minds the fact " that there was no evidence then before them, 
<^f malicious feeling''^ and that the jury on the first trial, had 



147 



no doubt given me an ample remuneration for the both levies of 
furniture taken away ; for his notes had proven to them, the fact 
of the second levy, having been given in evidence, at the first 
trial. The jury as will be noticed on reference back to page 138, 
retired, and were locked up for some hourd, consulting as to the 
nature of the verdict they should give, and I learnt ccfierrvards 
that their differences together, ivas on the point of costs, some 
feiv of them strenuously holding out, for T^ damages, so as to 
make th e defendants piAy my costs out of purse, agreeable to 
the new rule of Sir Joshua Rotve^s court, hut the majority 
Tvere against this, and would not give a fraction damages, but 
the whole of them agreed to the verdict returned, as to eacJe 
party hearing their own costs. 

The error committed by the jury wag tbere fore irretrievable, 
and when tlie time for taxing the bill of costs came round, which 
was in October, 1835, the defendant's counsel applied for their 
full costs out of purse, agreeable to the new rule made in 
February: and now His Honor granted this without the slightest 
hesitation, and though they had not a fraction of damages at 
the hands of the jury, Sir Joshua Rowe allovjed a judgment to 
he entered tip on record against me of £9 13s. 6c?. being the 
ordinary faxed costs of court, and further for the sum of 
£S5. 19s. IQd. the full amount of the defendants costs out of 
piirse, in maintaining this action. 

Immediately as the judg-ment was ripe for execution, which 
was in October, the defendants, without the slightest courtesy, 
information, or application, issued a writ of execution by special 
precept, giving orders to the deputy Marshal to forthwith take 
me to jail, unless I immediately paid the money; I happened to 
be away from home when the depnty Marshal went to my house: 
this information was communicated to Mr. Swire, who immedi- 
ately posted off an express to Kingston, upwards of 40 miles, to 
a second deputy Marshal, who forthwith proceeded to my lodg- 
ings, which was a public lodging house, to execute the writ, had 
he been as full of malice as either of the defendants, i should 
then have been in a pretty pickle, for I had not the money by 
me; but this gentleman, however, proved to be a gentleman, and 
felt sincerely the hardness of my case, and I feel much pleasure 
in being able here to acknowledge his kindness and gentlemanly 
treatment; he was to me a stranger, but had heard of me, 
nnd as I have said, felt for me under present circumstances, 
and instead of dragging me to jail, as he might have done, he 
allowed me on my oxen pat role of Honor, to go out and make 
fny own arrangements with my Merchant, so as to get the 
money. 



148 



Having tlius got lime of grace, i applied to Mr. JOHN 
NETHERSOLE ^of Kingston, of the firm of John Nethersole 
and Co., rvhich firm at the very time was owing me money ^ on 
account of shipments then in England, consigned to their friends; 
and further, their agent John Brookes, Esq. of London, who 
had likewise hecom,e my agent for the past ten years, through 
the introduction of their firm) had then at the time in hand for 
me which Mr. JOHN NETHERSOLE, was made acquainted 
with more than One Thousand pounds sterling — Yet notwith^ 
standing all this, and the awkwardness of my situation, 1 could 
not persuade Mr. JOHN NETHERSOLE to advance me the 
monies, and therehy liberate me from the predicament I was 
placed in, 

Mr. JOHN NETHERSOLE being the intimate friend and 
Agent, of both Mr. 'Swire, and Mr. White, as also of Mr. 
Dunbar the Deputy Clerk of the peace; considered as I supposed 
that to please them would be of more interest to him, than to 
please me; notwithstanding his having been my agent for the 
past 10 or 12 years, and had done business with me to the 
extent of Thousands, Yet now in this instance he openly 
declared he would not, and gave as his reason, because I was 
at law with is friends the magistrates of Saint George's, 

The reader is particularly requested to carefully note all 
this, respecting Mr. JOHN NETHERSOLE, as he will find 
him brought forward on my trials against Mr. Special Justice 
"White, as a very serious witness against me. 

I was compelled therefore in order to ^makegood my promise 
to the Deputy Marshall, to make a considerable sacrifice so as 
to raise the money, which 1 did and paid up the amount of the 
writ. 

The following is a true copy of this ^yrecious document for 
which I had to pay the enormous sum o/£101 18s. 4d. my case 
is the first, and only case of the kind that ever happined, and 
1 hope ever will happen in Jamaica. 



DOCUMENT No. 1?. 

iS^entrtttom' l^etuniaiilf, 

SWJRE, R., WHITE, F., and BAUGH, R., Esquires, 
V. STERNE, H., Gentleman 



149 

Leyy Damages, Costs and Interest. 

Damages 

Costs 9 13 6 

Delays 16 3 

Interest 

Further Costs of Suit 85 19 10 

96 9 7 
Fee and Docket 5 3 9 

£101 13 4 
(A true Docket.) 

Hill, Davis, and M'Neil, Solicitors, 

S. Dd Leon. D: M. 
Received Payment, November 12, 1835. 

S. De LEON, Deputy Marshal. 



AND NOW KIND READER, if you have attentively 
perused the whole of the foregoing narration, put the question 
to yourself, and say whether or no, I am justified in exposing 
and bringing the whole of this atrocious and gross illtreatment 
before the public ; and whether or no, 1 am doing a great public 
good thereby, because, were I to allow such to be smotliered and 
buried in oblivion, tlie same which you now see has been prac- 
ticed upon me by ihese- powerful DANIELS, may be also prac- 
ticed upon you and many others, with impunity, to-morrow or 
next day. 

Jbtr gojsfitta i^Dlu^, for groja;^ Enfvtggttct, 
ajs far a& fi tiabc gont, i& 

1st. FOR HAVING allorved the Jury , in April, 1835, rvho 
sat on my first action against Swire and others, to he deceived 
into a belief, that he nould have allowed me full costs out of 
pursCj and then afterwards, by a strong hand of power, rvhich 
he usurped entirely to himself, he refused it. 

My right of costs o%it of purse cannot, by any sophistry of 
of argument, be nullified ; and, to prove beyond a doubt, that 
this was the full impression upon the minds (at the time of the 
trial) of the Court, the Jury, the Counsel, the Solicitors, &c. 
arc the whole of the foregoing expensive documents, from No. 1 
*o 11, beginning at page 143, were prepared, by my Solicitors, on 
the instruction of Counsel, recognized by the defendant's solici- 
tors, and the Clerk of the Supreme Court himself j and would 
have been duly taxed by the latter, and appended to my judg- 
ment accordingly ; hrif, for fhe special interference of SIR 



150 



JOSHUA ROWE himself, as represented hy the Clerk of the 
Court, 

2ndly, FOR HAVING, on my second trial, in the month 
of August, 1835, preventedmy counsel from sifting my witnesses, 
and thereby bringing stubborn facts before the Jury — and for 
having, on the production of his note hooks, in reference to the 
first trial^ given siich a partial and unfair colouring to such 
notes, when he must have been fully conscious of the fact, he 
having presided as Chief Judge. That such notes had not been 
actually received as evidence, he having instructed the Jury, on 
such occasion, that they were to look to the one levy only." 

Srdly. FOR HAVING, as tvill appear by the production 
of his said notes, so taken on the first trial, and brought for- 
ward by him, and allowed as evidence on my second trial. Ne- 
glected his duty as a Chief Judge, by not having taken further 
notes, of the expulsion of such evidence given, on the represen- 
tation of counsel, " That the second levy had nothing to do ivith 
the then action ;" as also his own comments, in addressing the 
jury, '* that they were to look to the one levy only J''' 

Athly, THAT he usurped the power of the jury on the se- 
cond trial into his own hands ; in neglecting to attend to their 
verdict of recommendation, " that each party should bear their 
own costs," And, by an arbitrary stretch of power, caused and 
permitted a judgment to be recorded against me, contrary to 
the true intent and meaning of such verdict ; OF MY TW^ELVE 
PEERS ; to whom, and before ivhom, I appealed FOR JUS- 
TICE. 

5thly. THAT, in consequence of the exercise of this arbi- 
trary power on his part, I was robbed of my right in the first 
action, of costs out of purse, to the tune of £79 lis. 5d. ; and, 
in my second action, I was further robbed (allowing, as the 
verdict was found for the defendants, that I vjas correctly sad- 
dled with the taxed cost of the court, amounting to £9 13s. Qd) 
by being made to pay the defendants'' costs out of purse ^ to the 
tune of £85 19s. lOd., saying nothing of minor expenses, 
amounting to £165 lis, 3d. And, 

Gthly. THAT the whole of this arbitrary and unjustifia- 
ble conduct on his part was caused by, and he was actuated 
from as I shall bye and bye clearly shew, ungovernable malice 
and revenge, and not from any desire to award justice for the 
pniblic good. 

Having- omitted to bring tlie Jamaica Act of the 44tb Geo. 
in. (whicli was for the year 1803^ with me to England, I am 
unable in tliis present Edition, to lay the same before my 



151 



readers; but, lor their satisfaction, I annex the act wlilch was 
in force before, and up to the passing of the 44th Geo. III.; it 
is as follows : — 

i^ttiiltc ^tt pamtXf in Sfamaica, 1781. 

For Wharfage and Storeage sec. 6. p. 246 

And be it further enacted, by the authority afore- 
said, 

THAT every wharfinger shall, and he is here- 
by obliged, under the penalty of fifty pounds for 
every neglect to enter in his wharf book, the marks 
and numbers of the several produce of this Island, 
delivered at his wharfs with the names of the estates 
from which the same was brought ; and, if sugars, 
and directed to be weighed, that he shall enter 
the weights, with the names of those to whom de- 
livered, or of the vessels on board of which the same 
was shipped, and in like manner of every other 
produce. 



152 



An able writer on tliis subject says — It is the glory of Eng-^ 
land, that all her Courts are^ of right^ open to the public 
The plaintiff or defendant, neitlier makes his appearance, nor 
pleads, but in places where every one may have free entrance, 
and the witnesses when they give their evidence — the Judge , 
when he delivers his opinion, the jury, when they give their ver- 
dict, are all under the public eye ; and the judge cannot 
change either the place or the punishment awarded by the law. 



Having said thus much, I now proceed to lay before my 
reader the trials of ray actions against Special Justice "White, 
the causes of which the reader must now be pretty well ac- 
quftioted with ; but, in order to refreshen the memory, I must 
revert a little backward. 

On reference, then, to page 29, will be found my first me- 
morial, addressed to his Excellency the Marquis of Sligo, as 
Governor of Jamaica, &c. ^c. under date I9th January^ 1835. 
Memorializing in very plain and strong terms, for redress of 
grievances, which I therein assured his Excellency was of most 
serious tendency. 

Having learnt from quarters of undoubted authority, that 
his Excellency had neglected to interfere as regards my fir^t 
complaint against the Honourable John Bell, in consequence of 
Mr. BelVs having written him, that I was a poor humble in- 
dividual^ not worthy^ or worth his Excellency's notice, 1 thought 
it became my bounden duty, in order to arouse him to a more 
favourable consideration of my memorial, to set forth therein 
who and what I was ; referring him at once to a highly respec- 
table individual, at his elbow, for reference, if required, (Mr, 
Barrister Panton, of Spanish Town, an almost daily visitor at 
the King's House.) 

My complaints, hitherto, had been forwarded to his Ex- 
cellency through my solicitor, at a heavy expense, as will be by 
and bye seen, in order that want of form or legal tact on my 
part, should not prevent me from obtaining justice. 

But now the aspect of affairs had become so serious, I 
thought it advisable to address his Excellency direct myself with 
a request, that my complaints, as made to him, might be for- 
warded home to the Colonial Office ; and, in respectful terms, 
set forth my determination to follow up my appeal until I had 
obtained redrexs. 



153 



In this Memorial 1 laid before his Excellency a view of the 
league made by the Gustos and hia friends, Messrs. Swire, 
Baugh, and White, to injure me ; in consequence of my first 
appeal in regard to the Honourable John Bell^ having been cast 
aside by his Excellency, and designated by him as '* unfounded 
and frivolous.'''' 

I pointed out various acts of serious outrage, both upon 
myself and my innocent apprentice^ who was, at the very time 
of my memorializing, in chains, and put to hard labour on my 
account. 

And I further pointed out the atrocious acts of cruel out- 
rage, which I daily witnessed, carried into execution by this 
tremendous man of power. 

As also the determination which he, Mr. Justice White, 
had come to, to keep me expelled for the future, from all hit 
Courts of justice. 

This very powerful appeal was, likewise, cast aside, and no 
notice taken thereof ; for it will be seen, on reference to page 
92, that, under date of Tuesday, the 27th of January, that 
White attended at the Court-house, and then and there, gave 
strict orders to the Constable, " never to suffer me to put a 
foot there, and if I did to handle me well— for, says White, I 
received this letter (shewing one) from the Kiny^s House by last 
Sunday'' s post, 8fc , 8fc. 

Now let me here explain as to dates. 

Monday 19th, the date of my memorial. 

Tuesday 20th, the second gross attack of White upon me. 

Wednesday 21st, the day on which the post always leaves 
Buff Bay for Kingston, at daylight. 

Thursday 22nd, this day, about 3 or A o^clock, p.m., His 
Excellency would have had my memorial. 

Saturday 24th, the day on which White's letter from the 
King's House is dated. 

Sunday 25th, the Post arrives at Buff Bay, about 12 o*Clock 
a.m.j and in the evening White got his letters, 

Tuesday 27th, the day above-mentioned, on which White 
boasts of his letter, which he had received from the Governor, 

So, then, I think I have given pretty good proof of his Ex- 
cellency, the Governor's lending his aid, to this already too 
powerful Magistrate, to oppress me ; for White boasted, ** that 
his instructions from the King^s House were, to watch the fellow 
well, and by no means to permit him to enter his court. 

On the reader's referring back to page 33, and perusing the 
letter, dated from the King's House, 25th January, from W. G. 



154 



Nniie&, His Excellency's Secretary, addressed to Charles 
Harvey, Esquire, as my solicitor, and then comparing dates ^ he 
will find, that at the very time that His Excellency was giving 
the aforementioned instriictiGns to Mr, White, to watch me, 
and keep me cut of his court, he was performing a mockery 
of justice, in writing to my solicitor, *' that lie would investigate 
the circumstances, detailed in my memorial," which promised 
investigation never took place. 

On the reader's now referring hack to page 34, and following 
up its perusal to page 41, he loill at once enter the very crean^ 
of my appeals for justice. The first is a very able and powerful 
appeal, made by my solicitor ,Mr. Harvey, unto His Excellency's 
Secretary, accompanied by an affidavit exceedingly powerful, 
shewing up a serious act of oppression, which I had sustained, 
and for which I was about appealing to the laws of my country, 
dated, Thursday, 29th January, 

This also it icould appear was cast aside by His Excellency^ 
and it would seem His Excellency took great offence at Mr. 
Harvey's powerfully urged appeal; for it appears he did not 
reply to it, until after I had again memorialised him, and then 
at page 45, under date, 7th February, will be seen, Mr. Nunes' 
answer, written, as he there states, "6y His Excellency' s command, 
that he had communicated direct with Mr» Sterne, oh the subject.'* 

Now, as a further proof of His Excellency's non-inttrference, 
it will be seen on reference to dates, that another post had 
passed off, even after the aforementioned powerful appeals of 
my solicitor, by his letter, and my affidavit. 

Mr. Harvey's letter was dated, Thursday, 29th, he lives di- 
rectly opposite the King's House, yet Friday and Saturday go 
by, which are post days, from Spanish Town, and no notice is 
taken towards a redress for my injuries 

Tuesday, the 3rd of February, comes on ; and on reference 
back to page 42, the reader will find a second very powerful 
memorial from me, addressed to His Excellency, the Marquis of 
Sligo, as Governor, ^c, in reference to further injury and insult, 
which I had that morning experienced at the hands of Special 
Justice White. 

I therein gave His Excellency to understand, that Mr, 
White had boasted, that he had received instructions and authO' 
rityfrom His Excellency, thus to handle me ; and closed with 
my request that this memorial might likewise be forwarded home 
to the Colonial Office. 

Now it will be observed, that it was only on the receipt of 
this memorial, that Hi» Excellency appeared to haye bee« 



15o 



«rottSed to any consideration on my behalf at all, for by that 
return of post, on reference to page 4S, and W,G. Nunes' letter 
addressed to mp, under date, the King's House, 7tli February, 
it will be noticed, that it is there intimated, that Mr. White 
was no longer in the Magistracy, 

The rea-der is particularly requested to consider this letter 
and my reply thereto^ under date, Buff Bay, lOth February^ 
for, on reference to page 53, in a letter of W, G. Nunes', as 
addressed to me, under date, The King's House, 20th June, 1835. 
after lie had found out that I had myself appealed home to the 
Colonial Office, and he had received Lord Aberdeen's acknow- 
ledgment of that appeal, he says, 

*^With respect to your complaints against Mr. White, that 
gentleman, as you have been informed, is no longer in the 
magistracy ; and, on the 1th February, it was put to you, whe- 
ther you wished, under these circumstances, to have it proceeded 
with further, and if so, that it would be proceeded with ; as you 
did not urge this, it was not done, though his Excellency was 
^uite ready, as it was a matter of duty for him, to enquire into. 

1st Then, what is the nature of the King's House letter of 
the 7th February. It is simply this. His Excellency having 
become alarmed at the nature of my second memorial under 
date, Srd February ; therein finding Mr. White had let the cat 
out of the bag ; by boasting " that he had his Excellency's au- 
thority to handle me in the manner that he had done, and 
henceforth to keep me out of his Court,'' which he, his Excel- 
lency, knew full well was quite against all British law and 
justice, at once determined to smother the case, and bury, 
for ever, as he thought, the matter in oblivion. He, therefore, 
by return of post, sends the magistrate a notification of his dis- 
missal, andthereby thinks that, as he is no longer in the commis- 
sion, I shall consider it was on my account, and be satisfied, 
and so urge nothing of an investigation. For he therein no- 
tifies, " That my papers relative to Mr. Bell were in prepara- 
tion to be sent home by the first mail, and intimates that such 
will not now be necessary, as against Mr, White, ' that gentle- 
man being no longer in the magistracy ; but he cautiously adds 
a P.S. * you will be pleased to understand, that if it be still 
your wish that your statement should be forwarded to the Colo- 
nial Department, as relates to Mr. White, his Excellency will, 
of course, attend to it." 

What, then, I ask, becomes of Mr. Nunes's boasted commu^ 
nication tome of the 1th February f He does not make any 
thing like the liberal offer therein, as he would wish it to ap- 
pear, of doing me justice. 



166 



But now, look to nay answer of the lOth February, viz.—- 
** To avoid any further misunderstanding as to the ohject re- 
quired hy wie, / respectfully beg leave to submit to his Excels 
lency^s consideration^ my desire that his Excellency will be 
pleased to issue a special commission^ directed to any three of 
his Majesty's Justices for the parish (not being resident at BufF 
Bay) to investigate into the charges against his Honor, the 
Custos, with pover to call parties before them^ and to examine 
ivitnessfis on oath, and to report their opinion, and their ex- 
amination in writing to his Excellency, the result will then carry 
with it the truth of my complaint, or the falsity of the same ; 
in failure of this my humble desire being granted to me, then 
it is my wish, that the whole of my petitions touching the Ho- 
nourable Mr, Bell, he forwarded to England by the first mail, 
with copies of your communication to me, and my solicitor, and 
our respective replies thereto.*' 

" If I am compelled to the remedy of forwarding the charges 
made by mc against Mr. Custos Bell, home to the Secretary of 
State for the Colonies, then I should wish my two represonta- 
iions against Mr. White to be also forwarded, as it will bt the 
means of exposing his conduct, and the oppression I have 
suffered, 8fc. 6fc. 

And now, instead of His Excellency's at once entering into 
the spirit of my request, which was impossible to misunderstand, 
and thereby granting me justice, which would have at once 
quieted and buried in oblivion the past, and prevented me from 
entering into that long, tedious, expensive, and ruinous lawsuit, 
which I was compelled to do, for the safety, honour and protec- 
tion of my character, and pecuniary affairs in life ; he at once 
evades my earnest desire of investigation, and in a very cool 
calculating way, instructs his Secretary by his answer, (see page 
46) under date 20th February, to say, " I am toaccjvaint you 
that your complaints against Mr. Castes Bell have been sent 
home already by the last packet.^' 

Not a single word of condolence for the very grievous 
wrongs and injuries, which myself, my family, and my appren- 
tice, had received at the hands of Mr. special justice White, 
w^y, for what he was fully aware I was then receiving at the 
hands of the Custos, Mr. Swire, and others, but he leaves me 
and my family, at once to sink into ruin and obloquy, nay, he 
even assists the faction to hasten my ruin, (thereby probably 
thinking 1 should have the least power of exposing his conduct, 
and calling him to an account,) for when Colonel Moody of the 
Saiyit George's Regiment, according to the law of the island, 
and rules on such occasions, recommended me (to Him as 
paptainrgeneral) to fill up a vacant Ensigncy in his Regiment, 



i5r 



he passes suck recommendation by, and appoints another, thus 
strengthening the hands of the faction, and encouraging them 
to continue the evil. 

What had I, or what was I now to do ? left as it were des- 
titute, forsaken on all sides by every earthly succour, nothing 
but the prospect of inevitable ruin, both for myself and family , 
staring me in the face; the pon-ers who wielded the laws, say 
the Custos, as chief magistrate of the parish, joined by his party 
of the magistracy in my immediate neighbourhood, and they 
backed by the representative of Majesty, tchose bounden duty it 
was to protect, and to redress the wrongs, of the humblest, yea 
the meanest of his Majesty's subjects, were thus joined together 
to work my destruction; all my prospects in that part of the 
colony blasted, my property, undercolor of the law, wrenched 
from me, compelled to surrender up my wharf to another, my 
clerk and servants compelled through fear to quit me, my 
Jriends and acquaintances partly through fear, and partly 
through misrepresentation^ refusing to hold intercourse with 
me, and my outstanding debts kept back, and refused payment, 
whilst the magistracy refused to concede the power of the law to 
enforce my rights. 

With all these gloomy prospects full in view, and luy bands 
already full of law, by tlie actions pending, wLich I had sent out 
against tlie magistracy, Swire, Baugb, and White, What was I 
to do? Pointed at in the parish, as the Agent of the Anti-slavery 
Society in England, and an enemy to the Island, and not worthy 
the protection of its laws. I say, considering all this, does it 
not look almost like madness in me, further attempting to buffet 
the stormy elements, and thereby seek for redress in so prejudi- 
ced a community. But, 

*' What stronger breast-plate than a heart uniainted.^- 
Thrice is he armed that hath his quarrel just. 
And he hut naked tho' lock'd up in steel, 
Whose conscience with injustice is corrupted." 
The justness of my cause, strengthened my reasoning 
faculties, and the gross injustice, by the attempt of so powerful 
a party, enleagued together to crush me ; renervated my nerves, 
and at once determined me ; conceiving it would eventually work 
a great public good by the exposure, I took the following beau- 
tifully written passage to my aid, and dashed onwards. 
'^Though troubles assail. 

And dangers affright ; — 
Though friends should all fail, 

And foes all unite ; 
Vet one thing secures «#, 

Whatever betide, 
The Scripture assures vt 
The Lord will provide." 



158 



finding therefore from the last reply of Hb Excellency's 
Secretary, dated 20th February, to my communications, that the 
charges preferred by me, against Mr Custos Bell, had alone 
been sent to England, I immediately drew up a Duplicate Copy 
of all the papers and correspondence connected with the cas«, 
and addressed a letter with the same, To the Riqht Honorable^ 
the Earl of Aberdeen, then Colonial Secretary, (see Page 46,) 
under date from Buff Bay, Wednesday, 4th March, 1835, so 
that his Lordship should at once be put into possession of all the 
facts connected therewith. 

And now I set to work to send out an Action against 
Special Justice White, for wrongs I had received at his hands. 

On reference to the law, my solicitors Messrs. Mowat and 
Read, very candidly warned me of my danger, of being mulcted 
in treble costs, if by any chance, I should have failed in my 
intended action, but nevertheless, assured me, that never man 
could have-by any possibility^ a better cause for entering into 
a court of justice , for redress, than I then had ; nothing,' they 
assured me would be wanting to obtain for me a complete victory, 
but the means; for, said they, with the proofs you have adduced 
before us, your case is clear, and justice you must obtain jhMi 
ah, said they, the means, the monies, to bring up your wit- 
nesses, to fee your Counsel, to pay your way, i< will be enormous, 
and we would advise you to calculate beforehand. You know 
that the Chief Judge is against you — he is not your friend, and 
if you fail in your proof, or fall short in your means, you vAll be 
ruined, you will be mulcted in treble costs, which may amount 
to £1,000 besides your own ; see to it. 

The following are the clauses of the act, bearing on my case, 
and the only clauses in reference thereto:— 

^n ^ct, m ^itr of tftt ^ct, for tfie 
Abolition af ^latjerg pa^^t^ in SltUg, 
1834, in SJamaua. 

^tt. 11. ^nt? ht it fnvthtv tnatitXf, 

That no action or suit shall be brought or com- 
menced by any person, against any Special Justice, 
for any act, matter, or thing, done by him in the 
execution of the said act of fourth of William the 
Fourth, c. 41, or of this act, or of any act passed in 
aid of, or to explain and amend the said act of the 
fourth William the Fourth, chapter 41, unless 
notice of bringing such action shall have been served 
on such Special Justice, or left at hii usual or last 



159 



place of abode at hast one month previous to such 
action being brought ; and if a verdict shall be 
given for the defendant in any such action or suit, 
or the plaintiff therein shall be non-suited, or such 
action shall be discontinued for want of going to 
trial, the plaintiff therein shall pay to the defend- 
ant treble the amount of his full cost out of purse, 
expended by him in the defence of the said action 
or suit. 

^tt. 12. ^xits ht it fiinlirt tnacteU, 

That if any such Special Justice, against whom 
any action or suit shall be so brought, shall at any 
time after such notice given, before the trial of the 
said action, tender to the said plaintiff sufficient 
amends for such wrong or injury, in respect of 
which such action has been so brought, and submit 
to pay the cost of suit up to that time incurred, 
and if the plaintiff shall refuse to accept such 
amends and costs, and the verdict shall be given 
for the plaintiff, for the sum so tendered, or a 
lesser sum, then the court shall order and direct 
the plaintiff out of such damages to deduct the full 
costs out of purse of the defendant, and an execu- 
tion shall be lodged only for the amount of such 
damages after such deduction. 

§itt. 13. ^ntr ht it furtli^r ntactttr, 

That no action or suit shall be brought against 
any Special Justice in respect of any act, matter or 
thing by him done, in pursuance of the said act of 
fourth, William the Fourth, cap. 41, or of this 
act, or of any act passed or to be passed in aid of, 
or to explain and amend the said act of Fourth, 
William the Fourth, cap. 41, unless the same shall 
be commenced within six months after such cause 
of action shall have occurred. 

In conformity with the foregoing act, the following wa» pre- 
pared and duly executed : — 

Sotice of Jetton* 

To FREDERIC WHITE, Esquire, late a Stipendiary Ma> 



160 



gistrate, or Special Justice, in and over the parish of Saint 
George, in the Island of Jamaica, 

I, HENRY STERNE, of the parish of Saint George, in the 
County of Surry, and Island of Jamaica, Esquire, do hereby, 
according to the form of the act of the Governor, Council, 
and Assembly of the Island of Jamaica, in such case made and 
provided, give you Notice, That I shall, by my Attorney, at or 
soon after the expiration of one month from the time of your 
being served with this notice, cause a declaration in trespass to 
be sued out of his Majesty's Supreme Court of Judicature of the 
said Island, at Saint Jago de la Vego, against you, at my suit, 
and proceed thereupon according to law, for certain trespasses 
committed by you, on my person, in the months of January and 
February last. 

Dated this 17th day of March, in the year of Our Lord, 1835, 
Your obedient Servant, 

HENRY STERNE. 
MO WAT & READ, Kingston, 

Attornies of Henry Sterne. 



Jamaica Ib^. 

ANDRRW HARRIS BROWN, of the Parish of Saint 
George, in the County of Surry, and Island aforesaid, Gentle- 
man, being duly sworn, maketh oath, and saith, that he did on 
Wednesday, the eighth day of April instant, personally serve 
Frederic White Esquire, late a stipendiary Magistrate or Special 
Justice in and over the Parish of Saint George, in the Island of 
Jamaica, with the annexed original notice, by delivering unto, 
and leaving with him, a true copy thereof, and at the same time 
shewing the said original notice. 

ANDREW HARRIS BROWN. 

Sworn before me, this 21st "I 
dayof April, 1835. ^ 

GEORGE HALL, by commission. 



Receipt for Service Money. 

RECEIVED from Mr. Henry Sterne the sum of one pound, 
six shillings and eight pence, for serving a notice of action on 
Mr. White, late Stipendiary Magistrate. 

£1 63. 8d. ANDREW H. BROWN. 

Buff Bay, 11th April 1835. 



161 



Having served my notice of intended action according to 
law, much more than a month before the sending out of the ac- 
tion itself, Mr. White had full and ample time to reflect upon 
his situation. It so happened, also, that at the very time Mr, 
Andrew Brown served Mr. White with the notice, Mr. White 
was at Iterhoreale Estate with a Mr. M. Sollas, who was a real 
friend, and well-wisher of both parties. Indeed, this gentleman, 
with his father, Mr. Sollas, the elder, were the only two in my im- 
mediate neighbourhood of Saint GeorgC'S, who openly stuck by 
me as friends, during all my struggles with the Daniels of that 
parish. 

On the morning of Wednesday, the 8th day of April, while 
Messrs. W^hite and Sollas, with Adam Gray, Esq., were in con- 
versation at Iterboreale, Mr. W^hite was called out of the house 
by the servant, and on his going out, Mr. Andrew Brown served 
him with the notice referred to ; immediately on his receiving 
it, he ran in and shewed it to his friends, Messrs. Gray and 
Sollas, saying, '^ See here^rvhat the devil do you call all this ? 
I thought I n-as out of all these hobbles ; hut I find, by Heaven, 
I am not — Sollas, tchat shall I do ?" ^c. ^'c. His friends, both 
of them strongly advised him to compromise the matter, and 
make peace, if it could be possible to get Sterne to consent . 
both agreeing and candidly telling him, that I had been moit 
shamefully ill-used by him. Mr. Adam Gray being one of the 
most respectable and best beloved men of the parish ; be is 
Lt. -Colonel of the Regiment, one of the senior Magistrates, and 
a joint Churchwarden with the Gustos. And Mr. M M. Sollas, 
being the son of a highly respect alile merchant, who is, as also 
himself, freeholders in the parish — both of whom are most wor- 
thy men — they gave their advice feelingly, and disinterestedly, 
for which Mr. White expressed himself extremely thankful ; and, 
as Mr. Sollas was a neighbour of mine, and White Inew him to 
be friendly nith me, Mr. White commissioned him, if possible, 
to effect a compromise. Accordingly, Mr. M. Sollas, shortly 
after waited upon me, and, having communicated to me what 
transpired at Iterboreale, he urged, in the most friendly manner, 
the folly of going to law, and the great good that would result 
to both parties by a reconciliation, or mutual good under- 
standing, so as to put an end to the intended action. / urged 
upon him the gross injuries I had sustained, the nrongs I had, 
endured, and the insults I had experienced, as well as the 
ruin that n-as staring me and my family in the face, in con- 
sequence. I bless the young man every time I think of him 
and I earnestly pray that the good Almighty may shower doitn 
the choicest blessings, both upon him and his family ^ ('for be it 
known, he also is a married man, with a young family). 

I shall here take the liberty of quoting a passage from the 
X 



162 



Volume of Eiernal Truth^ by way of comfort to those, of my 
readers who may have been similarly situated. 

" Blessed are the peacemakers : for they shall be called the 
children of God,'' 5th c. Matthew 2th v. 

Soil as condoled with me, and not merely expressed himself, 
but sincerely felt for me, and used all the eloquence immagin> 
able to bring about a reconciliation, consistant with the honor 
of both parties, he truly was the real friend of both of us ; and 
it was hard to say whom he regarded most, and for whom he 
felt most; he knew me to he a serious sufferer, and a deeply 
injured man, and he looked upon Mr. White as having been 
dismissed from the magistracy, and victimized by his Excellency 
the Governor, to screen his faults, and his sad misrule of his 
Majesty^ s Government; there was not the slightest mention, or 
hint of money matters passed between us, in regard to expenses, 
&c., and it was finally agreed upon between tis, at this time, 
that if White would come forward, express his regret for what 
had passed, and give me his letter to such effect, that I was to 
have forthwith dropped all proceedings ugainst him; accordingly 
some few days after, Mr. Sollas waited upon Mr. White, and 
communicated to him the result of this interview with me, hut 
Mr, White became alarmed that I should publish his letter in 
the newspxtpers^ and accordingly stipulated that such should 
not be done ; this caused a further delay of a few days, in the 
mean while, Sollas having again seen me, it was agreed between 
us, that I should not publish White's intended letter of apology, 
in the newspapers, but that I should, be at liberty to shoiv it, to 
all my private friendi and acquaintances, as also to forward it 
to the Governor, so as to do away with the err one oxis impression 
formed of me by His Excellency. 

Some few days further elapsed, when Sollas again saw 
"White, and White at this interview with him, finally agreed 
to these latter terms, leaving it to him, Sollas, to draw up the 
letter, and then fixed the following Monday, to m£et me at Mr, 
Sollas's the elder, on Buff Bay, and in presence of the two Mr. 
Sollas's, to offer me his hand, express his regret for past occur' 
renceSf and grant me the letter of apology, as agreed upon. 

Now there was no time for delay, as this fixed upon Monday 
commenced the issuing of summonses for actions, through the 
provost Marshal-general's office, for the ensuing June Grand 
Court; accordingly on the Monday morning 1 prepared myself, 
and had my hprses ready to ride over to Kingston, immediately 
after we had had our intended meeting, so as to put a stop to 
the action; Monday came, and about 10 o'clock, a.m. Mr. 
Sollas sent me a message to say he wished to speak to me ; I 
went, and he communicated to me, that the intended meeting 
uai broken of by Mr. White, from uhom he had jutt then 



168 



received a note ^ stating , that in consequence of his ( White *8) 
receiving aletterbythe Sunday^s (yesterday's) pott from his 
friend^ Mr. John Nether sole of Kingston, he must for the present 
postpoTie the intended arrangement, as Mr, John Nethersole 
strongly advised him not to give any letter of apology. 

Of course I was higMy incensed at such wavering and un- 
toward conduct, and, without further hesitation, I posted off to 
Kingston, to see that the action was sent out without delay. 

Here again was an opportunity given to Mr. White's pref en- 
ded friend Mr. John Nethersole, of preventing the action from 
being sent out, for it so happened, that while I was busy with 
my solicitor, Mr. Mowat, in his office, arranging as to the send- 
ing out of such action. Mr. John Nethersole stepped in, and 
as my solicitors, Messrs, Mowat and Read, are also the solicitors 
of Mr. John Nethersole, we entered into conversation together, 
Mr. Mowat observed to Mr, Nethersole, see here, shewing him a 
receipt he was at the time writing out for me, for cash fees for 
such action, which I had just then paid him of £21 6s. 2>d. and 
handling other papers which lay before him, connected in the 
case, he continued to observe, come Nethersole, see and get this 
unpleasant affair settled, I assure you, Sterne has been very ill= 
used^ he is indeed, an injured man, and your friend White must 
be cast ; we have got too good proof for the action to fail ; I know 
Sterne, he is a good fellow ; he only wants what is right, and 
you have the power of putting a stop to this matter. 

What, says Mr, Nethersole, I got the power ! I have nothing 
to do with the matter. I have only troubled myselfwith the ques- 
tion of the loss of the goods at his wharf, aud he is going to get 
aa action for that this court. 

With all my heart, say I. I am quite willing to receive the 
action, as the loss of the goods was not my fault, it was more of 
a judgment upon White than anything else. 

And to be very candid with you, said I to Mr, Nethersole, 
you are to blame, and it is all your fault, that this action is 
now going out. 

Ah, cries Nethersole, how is that? 

Why Sir, said I, it would all have been amicably settled 
yesterday y but for your interference. Mr, White had agreed to 
have met me yesterday, at his friend's Mr. Sollas, and there 
settled the matter, but instead of his coming, he wrote Mr^ 
SoUas a note, stating that in consequence of his receiving a 
letter from you, advising him by no means to agree (o any 
arrangement with me, until you and him had first met, and so 
the matter was broken off. 



164 



I \vrote him so cries Netbersole, I never wrote him anyffiing 
of the kind, I have my letter book, and I will show : here, says 
he, calling to one of the young men in the office, run down to 
my counting-house, and tell Greensword to give you my letter 
book, so and so; the young man went, and presently returned 
with the letter book, rvhichwhcn he, Nethersole^ had opened, he 
read the letter alluded to, which contained a paragraph, such 
as I have described; well, says Nethersole, that was not my 
meaning]: however, Mr. White will be in town himself to-daj, 
and he will be best able to judge for himself, and shortly after 
left the office. 

Well, says Mowat, 'tis a pity this affair cannot be made up ; 
Ah, my hoy, you luill get an action from White about the goods 
why you will be ruined at law, so I left him fully expecting to 
have been served before the last day of summoning with ap 
action, at ^^'hite's instance for the goods lost, referred to at 
page 71, but none came. 



FIRST ACTION. 

$n tfic Supreme Court.— S^mit Ztxm, 1835. 

STERNE, HENRY; v. WHITE, FREDERIC. 

^urrg to Wiitf \ 
Stclaratton ^ltij*5 

HENRY STERNE, Esquire, the plaintiff in this suit, by 
Edward Charles Mowat, his attorney, complains of Frederic 
White, Esquire, the defendant in this suit, of a plea of trespass, 
for that the said defendant heretofore, to nit, on the I3th day of 
January, in the year of our Lord 1835, and on divers other days 
and times between that day and the coromencement of this suit, 
with force and arms, at the Parish of Saint George, in the 
County of Surry, assaulted the said plaintiff, and then and there 
seized and laid hold of the said plaintiff, and with gi-eat force 
and violence, pulled and dragged him about, and also then and 
there, forced and comptlled the said plaintiff, to go from and 
out of a certain public court-house or peace office, there situate, 
without any lawful authority, or reasonable or probable cause 
whatsoever, and against the will of the said plaintiff, to wit, at 
the parish and county aforesaid ; and also for that the said de- 
fendant afterwards to wit on the day and year aforesaid, and on 
divers other days and times between that day and the commence- 
ment of this suit, with force and arms, at the parish and county 
aforesaid, assaulted and then and there seized and laid hold of 
the said plaintiff, and with great force and violence pulled ami 
vdragged him about, and then and ihert imprisoned the said 



165 



plaintiff] and kept and detained him in prison there for a long 
space of time, to v/it, for the space of one hour, without any 
lawful authority, or reasonable or prohable cause whatsoever, 
and against the will of the said plaintiff, and also, for that the 
said defendant, on the day and year aforesaid, at the parish and 
county last aforesaid and on divcis other days and times between 
that day and the commencement of this suit, assaulted the said 
plaintiff and him the said plaintiff then and there did beat, wound, 
and ill treat, and other wrongs to the said plaintiff", then and 
there did against the peace of our Lord the King, and to the 
damage of the said plaintiff of £500, and therefore he brings 
this suit Scc 

EDWARD C. MOWAT, 

Plaintiff *s Attorney. 



NOTE. 

This action having been thus settled by Counsel, PRICE 
WATKIS, ESQUIRE, and sent out through the Provost 
Marshal General's Office, was served upon the defendant White, 
by the Deputy Marshal, by the 11th of the month of May, which 
was shortly after communicated to His Excellency the Marquis 
ofSligo, Governor ^c, who immediately appointed HisMagisty^s 
Attorney General, assisted by the Solicitor General , Mr. Panton, 
to act as Mr. Whitens counsel, and the Crown Solicitor Mr. 
Aikman. to conduct the case as his Solicitor ; thus armed, and 
powerfully hacked, Mr, White boasted in no measured terms. 

Fitzherbcrt Batty, Esquire, was retained by me to assist 
Price li'atkis. Esquire, as my counsel. 

Matters remained thus, until the August Surry Assize 
court came round ; my witnesses, twelve in number, having been 
all duly subpoenaed, and served with their service and mile 
money, attended the court, when lo and behold, most unfortu- 
nately for me, both of my counsel were so unwell, as not to he 
able to attend at court. In this extremity, ray solicitor told me 
it was a bad job, but that there was no help ; and 1 must either 
submit to pay the costs of the defendant, in order to put off the 
trial for another court, or I must make up my mind to give my 
brief to some other counsel ; this was a difficult point to decide, 
I felt great perplexity ; every earthly power seemed to be 
against me, whilst.White was aided by able counsel, and at free 
cost, hacked by His Excellency the Governor, who to shelter 
himself from exposure, did all he could to help White out of 
this scrape ; and worst of all, the Chief Judge, Sir Joshua Roioe, 
was mine enemy, and the adviser of the Governor ; and I had 
good grounds to know he was determined to slielter His Excel- 



166 



lency and White, if possible ; and then again, one of the assistant 
Judges, was Mr. White's intimate friend, viz., Anthony Davis, 
Esquire. 

In this my great extremity ^ myself not knowing what to do, 
or what to decide upon, I earnestly appealed to Aim, who 
searches the heart (and who, in the volume of Eternal Truth, 
hath declared, that " he will never forsake those who put their 
trust in him") for counsel and yuidance ; and I felt inwardly 
confident that all would he well, notwithstanding the threatening 
appearances without. 

I decided on going to trial, and had to select for my coun- 
sel one who, at the same time^ held a brief against me (viz. in the 
cause of Sterne v, Swire and others, and of which the present 
defendant. White, was a party) viz. BOSWELL MIDDLE- 
TON, Esquire, quite a young Counsel at the Jamaica bar, but 
as smart and upright a one as could be desired — one thing, how- 
ever, I must say, greatly alarmed me, which was— iTiat he is 
related to the Chief Justice, Sir Joshua Rowe, and an almost 
daily companion of his ; yet I must say, that in this trial he most 
manfully and independently did his duty. 

My brief was handed to him, with the proper fee, only 
about forty-eight hours before the trial came on to be heard, and 
the day of trial at length arrived, which was — 

WEDNESDAY, 19th AUGUST, 1835. 

My witnesses being all present, the following composed the 
Court and Jury : — 

THE COURT. 
Jbtr SOlSHUa I^OID^^ Knight, Presiding Judge. 
Assistant Judges.— The Hon. SSOfllt ^HX&y ^tt= 

tor iWttcfiell, ^ntiiung 9^hifS, and 

!$♦ iting, Esquires. 

THE JURY. 



1 Thos, Clinch, Foreman. 




Planter. 


3 Isaac Nunes Da Costa, 


Kingston. 


Vendue Master 


3 John Fisher, 


St. Andrew, 


Planter. 


4 Thellamont Da Silva, 


Kingston, 


Merchant. 


5 James Brandon, 


dt. 


Tobacconist. 


6 Hugh Gordon, 


St. George's, 


Planter. 


7 Dominick Dupee, 


Kingston, 


Shoemaker. 


8 David Anderson, 


St. Thos. in East, 


Carpenter, 


9 Moses M. Bonitto, 


Kingston, 


Merchant, 


10 John Brandy, 


do. 


Gentleman. 


11 James Gregory, 


St. Davids, 


Planter. 


12 Frederick J. Fleming, 


Portland, 


Planter. 


The cause having been 


called over from tl 


le court list, my 


witnesses, and all parties co 


ncerned, being in at 


tendance. 



167 



BOSWELL MIDDLETON, Esquire, in a verj able 
manner, opened the pleadings as my counsel. He gave the court 
and Jury to understand^ that this was a case of very^gross tres- 
pass , and assault, committed by the defendant, while acting in 
liis Judicial Capacity as a Special Justice, upon his Client, the 
Plaintiff. That the origin of the case was from the defendants 
having f most cruelly and unjustifiably^ committed an innocent 
apprentice of Mr. Sterne^s^ the plaintiff, to the St, Georges 
Workhouse J where he was incarcerated in irons, and put to 
hard labour j for no offence, but merely to satisfy the vindictive 
feelings of the defendant ^ that in consequence of such an un- 
justifiable committal of Mr. Sterne's apprentice; Mr. Sterne, 
who was at the time in the Special Justice's Court, having ac- 
companied his wife, Mrs. Sterne, there, who attended in obe- 
dience to a very austere and peremptory written note, or sum- 
mons, of the defendant, in his character as a Special Justice, 
which note will bye and bye be handed up in evidence. Mr. 
Sterne, gentlemen^ as became a man^ and^ as he was in duty 
bound, ta protect his innocent^ apprentice, stood up, and re- 
monstrated with the Judge, and offered to produce evidence, to 
prove his innocence. Innocence, did I say ? Innocence of what, 
gentlemen. There was no need to have proved any thing oi the 
kind. His apprentice was not brought before this Special Jus- 
tice for any crime, for any fault, but appeared there as a 
complainant himself, seeking redress at the Special Justice's 
Court ; and Mrs. Sterne was summoned there by Mr. White ^ to 
verify as to the truth of his complaint (see page 75.) 

The defendant, as we can prove, gentlemen, was owing this 
poor man an old grudge, and he had been heard to say^ that he 
would take this opportunity of punishing him. 

Mr. Sterne urged upon the Judge to hear Mrs. Sterne's evi- 
dence in the man's behalf ; but, gentlemen, instead of the Judge 
listening to Mr. Sterne's remonstrance, and hearing Mrs. Sterne's 
evidence, he got into a most violent rage, refused to hear any 
evidence of Mrs. Sterne, declared he had already committed the 
man ,• and, if Mr. Sterne dared to open his mouth any more, he 
would likewise commit him, and have him put alongside of his 
apprentice . 

On Mr. Siemens attempting further to remonstrate, he snore 
at, and abused him from the bench, and called upon tlie po- 
licemen, who were then in attendance, with drawn swords^ and 
made them lay hold of Mr. Sterne, and with violent hands they 
tore him, and dragged him out of the public Court-house ; and 
all this done, gentlemen, in presence of many of the respectable 
parishioners, who witnessed the degradation committed on my 
client. Mr. Sterne having seen Mr.-. Sterne home, and noticed 



168 



another Special Justice ride up to the Court-house, and feeling 
acutely the wrong and injustice committed vpon his innocent 
apprentice (and that, too, on his account) ; and I must say, cal- 
lous would have been his heart if he had not — he, as became a 
man, returned again to the Court-house, with an intention, if 
possible, and thinking that, by respectful intreaty, he might 
obtain the liberation of his apprentice. But, gentlemen, no 
sooner was IMr. Sterne seen by the defendant to enter the Court- 
house, than he again called upon the policemen, and, nith 
oaths, made them again drag and hustle Mr, Sterne out of his 
court J and gave them strict orders never again to let him set his 
foot in his court ; and advised his associate, Mr. Fishburne, to 
act the same way, designating him as a dangerous character, and 
asone that would report the decisions of his court. Gentlemen, it 
is proper for me to inform yon, that a public Court-house is 
open, and free to all parties, and no one, not even the Judge 
himself, dare, but at his peril, to force you out of it, so long 
as you do not interrupt the proceedings of the court. But, 
my client, gentlemen, we shall prove to you by the clearest and 
most respectable evidence, was ignominiously and degradedly 
torn, dragged, and hustled out of a public court. 

But, gentlemen, this was not all ; what I have related to 
you occurred only at one time, on the 13th of January. 

But again, after the lapse of a whole week, on the 20th of 
January, my client again attended at the Court House ; and he 
was again on this day forcibly expelled by an armed body of 
policemen^ at the orders of the defendant, who was likewise 
at this time, sitting as a Special Justice, He was not only 
expelled and forced out of the public Court ; but, by order of 
the defendant^ he was also detained and imprisoned. 

And, gentlemen, after a further lapse of a fortnight from 
this period, say on Tuesday, the 3rd February, we shall prove 
to you, that Mr. Sterne, having had occasion again to attend at 
the public Court House on business, was again ignominiously 
and degradedly hustled from the public Court House^ by the 
Constable of tlie parish, at the defendant'^ orders. 

These, gentlemen, are the facts of the case, for which I 
appeal to you this day, on the behalf of my client, and for 
which I claim at your hands a compensation in damages for the 
injuries he has sustained, and the expenses he has been put to 
in bringing this action. 

M. SARFATY, Esq., was now called up, and sworn. He 
proved that Mr. M. M. Sollas, a particular witness, on l;e)ialf of 
the plaintiff, had quitted the Island. 

Mr. ATTORNEY-GENERAL— /or the defendants, your 



169 



Hon or J nc must see the notice of bringing this action befors 
we can allow the case to he proceeded in, 

CHIEF JUSTICE— Certainly, Mr. Attorney-generaL 

Mr. MIDDLETON — Here it is your Honor, all in due 
form, properly served^ in due time, on stamp, and sworn to, 
before a Commissioner of the Court, 

Mr. ATTORNEY-GENERAL— Here hand it to me, let me 
have a peep at it. 

The NOTICE was accordingly handed over to Mr, Attorney 
General, with the affidavit of service attached thereto, (see 
copy of both at page 160.) 

Mr. ATTORNEY-GENERAL— I object to this notice, your 
Honor, 

CHIEF JUSTICE— 5to?e your grounds, Mr. Attorney-^ 
General, 

Mr. ATTORNEY-GENERAL— 7 object to the form of the 
notice, which has been served on the defendant, under the act 
of the Island. 

THE CHIEF — There is nothing in your objection, Mr, 
Attorney-General, for the act itself has been disallowed, 

Mr. ATTORNEY-GENERAL— Buf the act was in force at 
the time of bringing the action, 

THE CHIEF — But there is nothing in your objection. 

Mr. ATTORNEY-GENERAL— Bwf the terms of the notice 
is too general. How is the magistrate to know what amends he 
is to make ? 

THE CHIEF— Hanc? we up the notice.The notice is handed, 
up'-'the Chief reads. I see nothing in your objection, Mr. 
Attorney -General i the notice expressly states, "for certain 
trespasses, committed in the months of January and February 
last j" all you can do, therefore, is, to keep the plaintiff strictly 
confined to those two months, and not travel out of them. 

Mr. ATTORNEY-GENERAL— T/ien / contend, your Ho^ 
nor, that that notice is not a sufficient evidence. 

THE CHIEF— Hon' so, Mr. Attorney -General ? 

Mr. ATTORNEY -GENERAL— Tf%, your honor, there is 
no proof of the service of such notice according to law. 

THE CHIEF "'Indeed there is, though ; see Acre— Reads— 
Here is an affidavit of the se7'vice, sivoi'n to before a Com- 
missioner, 

Mr. ATTORNEY-GENERAL— T/jaf wo7xt do, your honor, 

Y 



170 



rve must have the hest proof , and the he»t proof i$ the man him- 
self, who served the notice. 

THE CHIEF — What, then, is the wse of our appointing 
Commissioners for taking affidavits ? Why, here is a man^s 
solemn affidavit, and rvhat more could be said or proved, if he 
were here himself f 

Mr. ATTORNEY-GENERAL— W'Ay, we could examine 
him in open Court, as to the fact of his having served it ; he 
anight have put the notice where my client could never see it ; 
we do not admit that any notice has been served. 

THE CHIEF — Hoiv can you argue thus, Mr, Attorney- 
General ? The affidavit itself declares — reads — '* that the de- 
ponent did personally serve Frederic White, the defendant, 
with the notice,'* 

Mr. ATTORNEY-GENERAL— T/imire object to the form 
of affidavit. 

THE CRIEF— What is there objectionable in that f 

Mr. ATTORNEY-GENERAL— PT e have no proof of Mr. 
HalVs being a Commissioner for taking affidavits f 

THE CHIEF— -TAe record of his being in the ComnUssion 
is an ample and sufficient proof. 

Mr. ATTORNEY-GENERAL — Ffs, your honor, but for 
the Supreme Court only ; and not for the Assise Courts. I 
contend Mr. HalVs Commission does not authorise him to take 
affidavits for the Assize Courts. 

THE CHIEF — Such arguments are absurd and ridiculous, 
and we wonder at hearing such coming from you, Mr. Attorney- 
General ; we all know that the Supreme Court is the fountain 
head, and this action could only have been maintained, by first 
going out, through the Supreme Court ; we, therefore, consider 
the service of the notice quite sufficient to allow the trial to be 
proceeded with. 

Mr. MIDDLETON, having received tlie sanction of the 
court, now put in evidence, the examination of MOSES 
MENDES SOLLAS, Esquire, as, taken under a commission, DE 
BENESSE, as follows. 

EXAMINANT saith he knew the plaintiff and defendant 
in this cause, in the month of January last, vvitness was at the 
covert house at Buff Bay, thinks, about the 20th j the defendant 
was sitting on the Judgment seat, when the plaintiff entered 
the court house ', the defendant immediately hailed out to him, 
asking him what ho required there P the plaintiff replied nothing 
just now, sir, when defendant immediately ordered him to go 



171 



out of the court-house ; the plaintiff said, he would not go out ; 
defendant then desired the police who were Vn attendance to lay 
hold of the plaintiff and put him out ; two of the policemen, 
came up to him the plaintiff, and requested him to go out, which 
he declined; they laid hold of him, and put him into the lobby ; 
the defendant hailed out to them, to put him outside the door 
thev did so ; a sale of the plaintiff 's furniture was then going 
on in the lobby of the Court-house, 

The witness was proceeding to state what took place on 
another day, when the attoi-ney for the defendant objected that 
the plaintiff could not give in evidence on his declaration, an 
alledged assault, committed on a subsequent day, forming, as 
he alledged, a distinct and separate trespass; question reserved 
for the consideration of the court by the commissioner, and ex- 
amination allowed to be proceeded in. 

Early in Februai-y, thinks about the 3rd, witness, his father, 
and defendant, were sitting in the Court-house, at Buff Bay : 
defendant had no cause before him., nor was he sitting in the 
judgment seat ; the constable, Mr. Burgess, was present; whilst 
defendant, the witness, and his father, were in conversation, 
the plaintiff" came in, leant on the rails of the Court-house ; 
defendant immediately asked him what he wished there again in 
HIS court ; plaintiff replied, you are holding no courts and I 
am at liberty to stop here as much as you are; defendant imme- 
diately ordered the constable to put him out of his court, the 
constable went up to the plaintiff, and requested him to walk 
out j plaintiff declined to do so ; defendant seeing this, told the 
constable to put him out, he had the Governor's authority, he 
said for so doing, and he would bear him, the constable, harm- 
less; the constable then turned the plaintiff' out into the lobby; 
witness is interested as the friend of both the plaintiff' and 
defendant; the defendant, after he was served with notice of 
this action in the early part of April, applied to witness, and 
witness's father, and asked what he should do ; witness recom- 
mended a compromise, defendant agreed,and authorized witness 
and witness's father to apply to the plaintiff on the subject; 
witness did so, and found the plaintiff satisfied to receive a letter 
of apology from the defendant ; this the witness reported to 
defendant, who was perfectly willing, provided it was not made 
public, witness assured defendant he should have that stipulated 
and that the letter should be couched in mild terms of regret ; 
witness saw plainiiff subsequently, who agreed to the terms, the 
defendant then fixed on a day to meet witness and witness's 
father, for the purpose of signing tlie letter ; the defendant did 
not meet the witness on the day appointed, for the jjurpose of 
signing the letter, which was the Monday before the last day of 
summoning for the last court : this fact, ivitness communicated 



172 



t& the plaintiff, who thereupon indignantly saidhe would imme" 
Mately proceed to town^ and havetht actionissued, 

CROSS-EXAMINED BY DEFENDANT'S COUNSEL. 

Defendant was holding a Court as Special Justice on the 
20th January, at the time referred to in liis examination in chief. 
A great many persons were in the Court-house, besides appren- 
tices ; does not think the plaintiff had been in the Court-house 
on that morning ; before witness was merely a casual spectator^ 
and entered about the same time as the plaintiff. The conduct 
of the plaintiff was mild and gentlemanly ; witness believes that 
the defendant knew that a sale of the defendant^ s property was 
going on there ; witness does not think that that influenced the 
defendant in ordering the plaintiff out of the lobby .Witness saya 
that no court hod been held 07i the morning of the 3rd of Feb- 
ruary ^ at the time spoken to in the examination in chief, or 
previous on that day ; witness says no other person was present 
on the day, at the time spoken to in the examination in chief, 
besides the persons mentioned in the examination in chief. The 
letter o/ APOLOGY was never written^ because the defendant 
did not come down to form the letter, ACCORDING TO THE 
ARRANGEMENT. 

TAKEN and swor^i to, before me, this lith day of 
August, 1835. 

J. WALLACE HARRIS, 

Per Commission. 



DAVID MENDES SOLLAS, Esq., sworn,— Was not \n 
Saint George's, in January, but was in tlie Court-House on 3rd 
February ; there was no Court held on that day ; Mr. White,, 
himself, witness's son, and Mr. Burgess, the constable, were pre- 
sent, and saw Sterne come in very respectfully ; the moment he 
got to the bar, White said, " Do you want any thing with me ?' 
Sterne said, " Not immediately, your Worship." Then said 
White, " I desire you to go out immediately." Sterne re- 
mained, when White called out to Burgess, and said, " Turn 
him out — turn him out immediately ; I will bear you harmless,^'* 
Burgess requested Sterne to go out, when Sterne said, " He 
had business with the Magistrates, and would not go out. White 
again desired Burgess to turn him out ; he said, take him out 
bodily. Burgess did so ,• Mr. White swore ; the Special Magis- 
trates held no Court that day ; it was a Tuesday. 

Cross-examined hy Mr, PANTON — Mr. Sterne makes a 
liahit of attending the Courts : has heard him speak of making a 
report of the proceedings. 



173 



Mr. MIDDLETON objected to tlie course of examination. 

Mr. PANTON — Surely, I liave a riglit to show the animus 
of Mr, Sterne. 

THE CHIEF — Such evidence might go in mitigation of da- 
mages. The plaintiff might have been in the habit of interfering 
with the proceedings of courts. 

Examination continued — Mr. Wliite accused plaintiff of 
writing to the Governor, complaining of his conduct. Mr. Sterne 
said, in consequence of White's conduct, he would report him 
to the Governor. Never heard Sterne say, he had been em- 
"ployed by a party. 

EDWARD EUSTACE FISHBOURNE, Esq., {a Special 
Justict )svjoxn — Was in the Court-house at Buff Bay on the 13th 
of January, Mr. W^hite was presiding; Mr. Sterne came in, and 
addressed himself to Mr. White concerning the previous trial : 
White said he would not allow his decisions to be interfered 
with -fTvitness does not think Siemens manner was disrespectful. 
White then ordered Sterne to <jo out ; he did not, and he or- 
dered the police to turn him out; and he was accordingly turned 
out by the police ; somebody said something about reporting 
White to the Governor ; witness believes it was Mr, White ; 
Sterne answered, you may depend upon it I will ; he said this 
while the police were taking him out ; does not remember hear- 
ing VYhite ask Sterne what he wanted there ; the police took him 
(Sterne)out; does not remember if the police had drawn swords ; 
it was the first time he took his seat as a Special Magistrate ; 
he was much alarmed and surprised at the noise which prevailed 
in Court — ^heard swearing in Court. 

Cross-examined by Mr. Panton. — Saw Mr. Sterne again 
that day in Court-house ; White was there ; White asked Sterne 
what he was doing there, does not think Sterne answered; White 
then ordered him out, and the police took him out; believes 
there was swearing on the part of White ; there was nothing 
unusual in the dress of the police that day ; has often seen 
Sterne in his court, with pen, ink and paper, and law books, 
taking notes ; there was an interruption of the proceedings in 
consequence of Sterne's application; the altercation lasted about 
five minutes ; the cause was suspended until Sterne was removed 
Mr. White made more row in court than any one else. 

EDWARD COOPER BURGESS, sworn.—Is a constable 
of St. George's, was at Buff Bay Couit-house on the I3th Janu- 
ary; remembers plaintiff coming into court with Mrs. Sterne, 
and his apjjr entice David Clarke; Mrs. Sterne was summoned 
there by Mr. White, on behalf of Clarke ;Mrs, Sterne commen- 
ced giving her evidence, but did not conclude, because she was 



174 



interrupted hy Mr. White ; Sterne said slie was summoned there 
and ought to be heard, nothing else ; White said his mind was 
made up to have Clarke committed, who had complained against 
one of Miss Matthews's apprentices ; White then said you may 
vrite to the King's House again if you think proper, and ordered 
Sterne to be put ont, and he was put out by some of the police, 
Siemens manner rcas perfectly respectful ; White said Sterne 
was a dangerous character ; Sterne returned to the Court-house 
a second time in about a quarter of an hour ; White then called 
out in a very abrupt manner, to have Sterne kept out ; he was 
turned out a second time. 

White swore that day vjhilst he was on the bench ; was quite 
violent ; Sterne''s manner was perfectly respectful^ no interrup- 
tion of the proceedings ^except when White was speaking in that 
violent manner. 

Was present on the 20th ; was selling Sterne's furniture; 
saw Sterne come into the Court-house. Mr. White was there ', 
can't say if he was on the bench, nor if any case was brought 
before him. Directly Sterne came in, he ordered him out ; and 
White said he would not allow him tn come into any of his 
courts. He was taken to Avhere his furniture was selling, and 
White ordered the police to turn him quite out — he was put out 
into the street, and kept out. Sterne had not been doing any 
thing. 

Oil the 3rd of February WJiite was there, and Sterne ; 
there was nothing before him, but he sat down and took a seat. 
There were no police there that day ; when Sterne came into 
Court, White told witness to turn him out ; do your duly, sir ; 
turn him out ^ I will bear you harmless ^ and told witness not 
to allow Sterne to come in on any occasion. White said he had 
the Governor's authority ; xvitness turned him out. 

IVhite's conduct had a very ill effect against plaintiff] 
witness was himself shy of him^ he was shunned by every one. 
White taxed Sterne on the first day that he had reported him to 
the Governor ; Sterne denied that he had ever done so, but said 
he would then ; does not know what the two Mr. Sollas's went 
there for. 

DAVID MENDES SOLLAS, recalled.— Mr. White said he 
had the Governor'' s directions to tnrn out Sterne ; witness is a 
friend of both parties, and wished to avoid the institution 
of the present proceedings ; Mr. White afterwards denied his 
declaration about the Governor ; never heard Sterne speak dis- 
respectfully of Wliite, knows of no disturbance caused by Mr. 
Sterne's conduct in court. 

Here the case for the prosecution closed. 



175 



Mr. PANTON, for the defendant, now addressed tlie jury 
at length, as to his defence ; he commented upon the evidence 
and ridiculed Mr. Sterne's interruption of the proceedings of the 
court ; he said his learned friend: Mr. Middleton, when he sat 
out, dwelt much upon the violent and oppressive conduct of Mr. 
White, arising from a prejudice, for which he could give no 
reason; a lurking prejudice, but tterne was the first who was 
guilty of interruption, Sterne threatened to report White ; he 
bearded White upon the bench, he set his authority at defiance; 
Fishburne only came into court just before Sterne's return the 
second time. White's general tone was loud, but he should now 
proceed to call his witnesses for the defence. 

ROBERT DUNBAR, Clerk of the Peace, was sworn.— 
Was present on the I3th, not attending to the trial ^ his atten- 
tion was called off afterwards, by the high tone of Sterne's 
voice, complaining of the decision of the special, considered his 
manner to be very disrespectful '. Mr. White said he would not 
allow his decision to be interfered with, both we) e noisy, and 
White ordered Sterne cut; Mr. White always spoke loud, even 
in private conversations ; his tone of voice was not louder than 
usual, Sterne made repeated applications to White for release 
of a negro ; White said I refuse the application ; Sterne said he 
would report him to a higher tribunal, to the Governor: White 
said you have already done so, and you may do so again : Sterne 
said he had not done so, and Sterne said he would watch his pro- 
ceedings, White said, I shall endeavour to administer justice, 
and you may do what you please. 

On the 20ife,Sterne came into court,and was leaning against 
the bar rails ; White asked him if he had any business to bring 
before him ; Sterne said no ; White then said, leave the court : 
Sterne declined, whereupon White ordered the policemen to take 
him out, he might have been slightly touched. 

Sterne usually comes and takes notes ; when Sterne came 
back on the 1 8th ; the court was still sitting ; Sterne was not 
turned out the second time on thelSth ; White said, be off, be 
off: witness was engaged this time ; Sterne might have been 
tnrned out; is not on good terms with Sterne ! Sterne is almost 
always present onpublic days with pen and paper, and sometimes 
with books ; he gives the magistrates trouble ; he frequently 
gives advice to the bench ; there is an intimacy between Sterne 
and SoUas ; Sterne's conduct was verydisrespectfulto the magis- 
trates. 

Cross-examined by Mr. MIDDLETON— I^i^es* was draw- 
ing a petty summons ; Sterne first complained of the decision of 
the Special Justice ; Sterne said the decision of the bench was 
unjust ;his demeanour was disrespectful to the court; did not tell 



176 



Sterne that he had not observed any part of the proceedings : 
all that he told Sterne was, that he was so busy that he had 
not attended to the merits of the trial ; witness is not on good 
terms icith Sterne ; he is with White. 

WILLIAM HOSSACK, Esq., sworn {is a brother-in-law of 
Mr. BelVs) was present on the 13th of January in Court. Mr. 
White was presiding as a Special Magistrate : the plaintiff was 
also in attendance : he was connected witli the case : Sterne ad- 
dressed White *' your Worship," he was dissatisfied with the 
decision his demeanour was disrespectful, does not remember 
what woi'ds Sterne used, thinks he meant to say theldecision was 
not difair one; White said Sterne might report him if he pleased, 
Sterne said he would ; White was speaking louder than Sterne, 
did not hear Sterm say any thing more ; White ordered him 
out, the police took Sterne out: does not recollect Mrs, Sterne 
being examined: Mrs. Sterne was sworn; Sterne was being 
taken out, when he said he would report White. 

JOHN NETHERSOLE, Esq., sworn— fs the agent of both 
parties ,- the matter at issue has been related to him by both 
parties : both parties had written him letters connected with 
the matter. He had been appointed by both parties to arrange 
matters; Sterne had told him, Nethersole, that he had told 
White, in Court, that he had not done justice. White wrote to 
him, that he understood Sterne was going to send him an ac- 
tion : and requested him to do what was necessary : Sterne 
said he would be satisfied, if White would merely express his 
regret ; there was no agreement to write a letter for publication ; 
White agreed to write the letter ; the letter was never writ- 
ten ; Sterne first said he wished to have the letter published : 
Sterne wanted to have the letter sheivn to the Governor ,• Sterne 
distinctly agreed to an apology, which was not to be shewn to 
the Governor. The proposed arrangement-to-eompromise was 
made by witness, and he denies that the publication of any 
letter of apology was fixed on ; all that was agreed on was, 
that it should be referred to Mr. Sarfaty and Mr. Silva, and 
whsitever they determined, Mr. White would be ready to fulfil. 
It was agreed that Mr. White should express his regret through 
Mr. Nethersole, with which Sterne was to be satisfied : Sterne, 
however, went to the north side, broke off the arrangement ,and 
appointed new agents. 

Mr. ATTORNEY-GENERAL, addressed the jury, he 
hoped that after the evidence they had just now heard, from so 
respectable a character as Mr. Nethersole, that they would 
freely acquit his client: the matter had been left wholly to 
Mr. Nethersole by both parties to arrange, and bis client, Mr. 
White, was perfectly willing to abide by Mr. Nethersole's de- 
cision but instead of which, the plaintiff had flown off from all 
such proposed arrangement altogether, and now, gentlemen, 



177 



lie coines before you for damages, and what damages can yott 
give himP Wliat injury has he sustained? Only look to the evi- 
dence, gentlemen, adduced against him: he told the court that 
its decision was unjust ; this alone, gentlemen, was sufficient t-^ 
raise the passions of the Judge, and to expel him from his 
court. What could possibly be a greater Insult, nay, the grossest 
of insults, to beaLrd the Judge upon the bench, to set his au- 
thority at defiance, to threaten to report him, to enter his court 
#ith pens, ink, and paper, to tak€ notes, to carry in law books, 
and in every respect to attempt to intimidate him. Nay, gentle- 
fflaen, my learned opponent will by and by tell you, that White's 
having agreed to a compromise, maiy be said to be a tacit acknow- 
ledgment of his guilt, but, gentlemen; look to the evidence ; 
the plaintiff's attempts to chain down the bench, by intimidation, 
the reports made b^ Sterne were the first cause of offence : Mr. 
White, gentlemen, is an injured man : he has fought and bled 
for his country i he has lately been dismissed from his magisterial 
office, and, gentlemen, if you give a verdict against him, he 
will be ruined; he has nothing but his half-pay to depend upon, 
and has a family to support ; therefore, gentlemen, trusting that 
you will take all these things into consideration, I leave the case 
in your hands. 

Mr. MIDDLETON, noWj in a very able manner replied; 
he entreated the jury to review the evidence^ ds adduced before 
them, andf notwitkntariding ike eloquence of his two learned 
friends J and the strong muster of their forces, he hoped that 
ihey, the jury, were fully satisfied that the plaintiff was a 
deeply injured mayi: — -the evidence of the defendant's own 
witnesses, proved the facts of the trespass beyond a doubt 
and their only plea was^ that the plaintiff had agreed to a com- 
promise, which the defendant was ready to give, but afterwards 
broke off the arrangement ; but now^ gentlemen, look for one 
moment at Mr. Nethersole* s evidence on this head; he says that 
Sterne first wanted a letter of apology to he published; this not 
being agreed upon, he next wanted one to shew to the Governor^ 
and at length, distinctly agreed to an apology, which was not 
to be shewn to the Governor, or any one else ; now, gentlemen 
I ask you, does it sound feasible, that Sterne, who had received 
such gross ill-treatment, and had been so indignantly treated 
before the eyes of all his respectable parishioners, should now 
agree to accept of an apcdogy, which was to have been put into 
his pocket, and niade no manner of use to him; J am sure 
gentlemen, you will not give credence to such evidence for a 
single moment; for my part I should say, Mr, Sterne would 
have been mad to have accepted such ; and what more have they 
proven ? Why they have attempted to shew you, that Sterne was 
Z 



178 



highly disrespectful to the Judge ; th'.it he threatened to report 
him^ ^c, that he is in the hahit of entering the court ivith 
pens, inft^ and paper ^ and even carries laiv books binder his arm 
for the purpose of intimidating the bench; hnt, gentlemen, 
look to the facts, look to the proof. Mr. M. M, Sollas^ in his 
evidence, taken DEBENESSE, directly srvears to two distinct 
days of assault, and declares" that the conduct of the plaintiff 
was mild and gentlemanly,'''' that he had been solicited by the 
defendant^ after he had had notice of the intended action 
from Sterne, to interfere, and, if possible, to effect a compro- 
mise ; that he hud made an arrangement for such compromise , 
to which both plaintiff and defendant had agreed, hnt that such 
arrangement had been broken up by the defendant himself. 
Gentlemen, I must say, for myself, that such patience and 
forbearance as was evinced on the part of the plaintiff , under 
such insults and indignities, T could not have sheicn ; then, gen- 
tlemen, we come to Mr. Sollas, senior, who deposes to the same 
effectf corroborating fully, that the conduct of the plaintiff loas 
perfectly respectful,~—nay, he says, very respectful ; yet, not- 
withstanding. White swears and bhisters out, "turn him otit^ 
turn him. out,''"' and because the constable was diffident in obeying 
the order, seeing that Sterne had done nothing to cause siich 
offence, but rvas there in a public court, where, both you and I 
have every right, and full liberty to go, and was withal perfectly 
respectful, White tells the constable^ with an oath," I will hear 
you harmless, I have the Governor''s authority to keep'himout." 
Thus, gentlemen, under colour of this powerful authority, 
is Mr, Sterne ignominiously excluded from entering into a 
public court of justice. We now, gentlemen, come to Mr.Fish- 
hurne^s evidence ; this gentlemen, is a special justice, the same 
as Mr, White vjas — nay, gentleman, he sat upon the bench with 
Mr. White, and if Mr. Sterne had behaved himself disrespect- 
fully at all, he m,ust have done so to both of them; but what 
says Mr. Fishburne ? Why , gentlemen, he says, '*he does not 
think that Siemens manner was disrespectful," but in other 
words, that it was perfectly respectful ; that White swore from 
the bench, and, that Mr. White made more row in court than 
any one else did, and clearly proves the assault and trespass 
committed by the defendant on the plaintiff, on the 1 3th — for 
says he, "White ordered the police to put Sterne out, and the 
2)olice obeyed the order, and Sterne was, most disgracefully, 
dragged and hustled out of that court, which it is the boast of 
British laws, shall be freely open to all. We now, gentlemen , 
come to Mr. Burgesses evidence, which is the last that we thought 
at all necessary to prcduce before you, although we have got 
others in court, that could have spoken all t the same effect. 
This evidence, gentlemen, clearly proves every case of trespass 



179 



ihat we charge the defendant with ; he was present on the \Bth 
of January ; that Sterne appeared in court that day^ with his 
wife, in consequence of her having been summoned there by the 
defendant, in his character as a special justice ; that Sterne 
was perfectly respectful ; that White had committed an appren- 
tice of his to prison, who was a complainant in a case, and not 
a party complained against^ but Mr. White had no earthly 
power, or right to commit him ; but Burgess proves to you that 
he did commit him j and that all Mr. Sterne did, was in a most 
respectful and becoming manner ^ to remonstrate with White 
against (I s&.y) so unjust a decision ; nay^ he solicited the Judge, 
but his solicitations were in vain. Mr^ Sterne instead of getting 
anything like redress from the Judge, or a remittal of the un- 
justifiable sentence against his innocent apprentice, was 
taunted and vilified, by the defendant from the bench j' 
represented to his fellow parishioners as a spy, and, conse- 
quently, pointed cut as a person of dangerous character ; was 
threatened to be committed^ like a felon, to the workhouse, nd 
put alongside of his innocent apprentice, who was actually in- 
carcerated in irons, and immediately put to hard labour ; and 
finally, as I have before said, was ignominiously dragged, 
hustled, and put out of the public court-house ; and this mon- 
strous conduct was carried on. It was not the ebullition of a 
moment, bui the firmly fixed and deeply rooted hatred of a ma- 
licious and revengeful spirit. The same witness goes on to prove, 
that, on the 2Qth, he, witness, as constable, was in the lobby of 
the court-house, selling some of Siemens furniture, which had 
been put up for public sale, under a distress warrant (for par- 
ticulars see page 89), that the plaintiff entered the court-house 
amongst numerous others, was perfectly respectful, but was, 
nevertheless, ordered out of court by Mr. White j' and, because 
he did not immediately comply, and, like a felon, walk out, the 
defendant srcore to the armed police, who were then in attend- 
ance, and who were at this time made, again, most ignominiously 
and degradedly, to seize hold of Sterne, and, before the eyes 
of his fellow parishioners, to drag and hustle him out of the 
court; having dragged him from the court-house into the 
lobby, where his furniture was being sold, they let him go, but 
this would not do for Mr. White, who was still seated on the 
bench looking on; as soon as he noticed them let him go, he 
swore out again from the bench to the police, and ordered them 
to take him quite out; put the damned fellow out in the street, 
says he, he shall not be under the roof, andthere you keep him, 
and not suffer him to come back ; the police did so, gentlemen, 
and Sterne, was by them, thus kept out in the street, during the 
time his furniture was being sold, and which he, waited to see 
thg result of. Thus, gentlemen, I clearly prove to you the 



180 



itespass of imprisonment ; for though Sterne wa* not actualt^ 
put into a prison, yet^ in the eye of the law being kept forcibly 
from going rvhithersover he wanted^ he was, for such time that 
he was so hept^ actually imprisoned^ and in this nay you must 
view t7, and grant him damages accordingly. We further follow 
up this witness in ^s evidence to the 3rd of February ^ and there 
we find him corroborating the two Mr, Sollas*s evidence which I 
have already commented on. It will be almost needless for me 
to go through the evidence of the defendant's witnesses; yet, 
gentlemeuy as both of my learned friends have said so much in 
praise thereof, J must say something to answer them. Mr. 
J^antonhas attempted to. represent Mr. Sterne as a spy; that he 
is in the habit af going to the Court-house, with pens, ink, and 
paper, and even with law books, and thereby bearded the bench, 
and set its authority at defiance. Gentlemen, need I point out 
to you, that a British Court of Justice is freely, open tO; every 
one, and I leave it to his Honor, now sitting, to gainsay what I 
now assure you to be fact ; it is the proud boast of our laws, 
gentlemen, that none shall be excluded from her courts, and 
no power, no authority, no judge— -nay, the King himself, can- 
not single out any for exclusion so long as that person behaves 
pith respect therein; as well might his honor, now sitting, 
attempt to turn out any one of the peaceable spectators now at 
the bar. Of this fact you may be well assured, that Mr. White 
had no such power, as to exclude Mr. Sterne from his court ; 
and then, gentlemen, so, because Mr, Sterne, a respectable 
inhabitant of Saint George's^ interested in the welfare of his 
parishioners, anxious to see and ascertain, for himself, that the 
laws are fairly and duly administered in his parish, he employs 
himself on public occasions by taking notes, he is now to beheld 
up to you as a spy. Why, gentlemen, were it not for men 
equally as anxious to watch over the rights of their fellow-sub- 
jects as Mr. &terne is represented to you to have done — what 
would have been, the state and condition of our public courts of 
justice ? Why, gentlemen, I know, and can assure you, for I 
speak, myself, of my own knowledge, that in England there are 
many respectable young barristers who constantly practice it-— 
who make it a rule to report all the trials and decisions of the 
courts, and by such openly exposed publicity are our court* 
kept from tyranny, and arbitrary rule, so that, gentlemen, I 
am, for myself, niore inclined to look upon Mr. Sterne as a 
valuable parishioner and a useful member of the community, 
by lending his aid to enforce the due administration of the laws 
n that part of the country, where he is a respectable esiden- 
ter. I will not trespass further upon your patience, but 
intreatthat you will do my client ample justice by your verdicts 



181 



Mr. NETHERSOLE, who still remained in court, appealed 
to the bench, against the insinuations thrown out by Mr. Mid- 
(Ileton against hjs evidence. 

Mr. MlDDLEfON declared that he meant nothing offensive. 

THE CHIEF JUSTICE, SIR JOSHUA ROWE, now 

summed up. He gave it as his opinion^ that two charges had 
peen negatived by the defendant^ but that the third remained 
uncontradicted. He recapitulated his notes of the evidence 
taken, and comniiented, more or less, upon eachof the witness's 
testimony. On reviewing that of Mr. Fishburne's, His Honor 
stated, that this gentleman, being himself a Special Justice, and 
an associate with the defendant on the bench, on the 13 th of 
January, when one of the assaults was committed upon the per- 
son of the plaintiff, was better able to judge of thp state of things 
than any of the other witnesses ; consequently, his evidence 
ought to weigh much upon the minds of the jury, and that by 
it did appear, as well as by the testimony of all the others of 
the Plaintiff's witnesses, that the Plaintiff had conducted himself 
in a very becoming manner. He also bore testimony against the 
defendant, who, it would appear, was in the habit of swearing from 
the bench ; this, he was bound to notice, was highly reprehen- 
sible in any one, as it tended tp lower and bring into disrepute 
the high and responsible office of a Judge. That a trespass had 
been committed upon the plaintiff, was beyond a doubt, for he 
was bound, as a Judge, to inform the Jury, that neither Mr. 
>Vhite, nor any other Judge, had the power to exclude whomso- 
ever he pleased from his court. He found himself bound, in 
conjunction with Mr. Middleton, who had already addressed 
them on the subject, to say, that all courts of justice were open 
courts, and that whosoever chose ms^y enter freely, and remain 
there as long as the court remained open, provided they con- 
ducted themselves with propriety. The testimony of Mr, Sollas 
Jun. takenj dehenesse^ was certainly, very favourable to the 
plaintiff, hut when Mr, Nethersole's evidence was brought 
before them, as a rebutter, it prevented himfropi commenting 
to them thereon; and now. Gentlemen, on looking at the testi- 
mony of Mr. Dunbar, it will be seen, that theplaintiff had given 
great cause of offence j he w^s in the habit of going to the court, 
a^d taking notes; of boasting that he went there to watch the 
proceedings of the court, and that he had, in fact, told the de- 
fendant, while seated as a Judge, that his decision was unjus,, 
meaning that he was a corrupt Judge, Gentlemen, nothing 
could be a greater insult— nay, the grossest insult possible ; what, 
to tell a Judge, in his seat, that he was a corrupt Judge, that 
his decisions were unjust, would be more than could be pardon- 
able. You have the evidence of Mr, Nethersole to support this 



182 



fact^ for he. states, that the plaintiff, hijnself, had admitted to 
hhii, that he had used such words to the defendant in court. 
And now. Gentlemen, liavlng fairly reviewed all the evidence as 
adduced before you, the court feels itself hound to say, you will 
have to find a verdict for the plaintiff, but the quantum of da- 
mao-es is left entirely to your discretion, to decide upon. 



The jury retired, but as they could not agree in their 
diet, they n-ere locked up. 



ver- 



THURSDAY, 20th AUGUST. 18S5. 

STERNE, V. WHITE, 

On tlie opening of the court this morning, the Jury, who 
were confined at the adjournment of the court yesterday, being 
in their places, delivered their \eYdiictj finding for the plaintiff, 
riamayes, £103 ,Qs. Sd., with costs. 

Mr. PANTON guve notice of a motion for a new trial ^ 
to be argued in the Grand Court. 

THE CBIEF — Pray Mr, Panton, upon what grounds do 
you giv^. such a n'otice f 

Mr. PANTON — On account of excessive damages^ your 
honor. 

THE CHIEF — The court differs from you in opinion, Mr. 
Rmton, and ice think yon had better withdraw your notice. 



FRIDAY, 21st AUGUST, 1835. 

The court met at an unusual early hour this morning— say 
at eight o'clock, in consequence of an adjourned trial the 
evening before, viz. BRENNAN, v. DUBURGH; it so happened 
that my solicitors, Messrs. Mowat and Read, were the conductors 
of this cause, and the counsel employed, were the same as con- 
ducted my cause, Sterne v. White. It also happened that I my- 
self had a cause still untried, and remaining at issue for trial in 
that court, viz. Sterne v. Swire and others, consequently being so 
interested, I attended early at the court. Shortly after 8 o'clock, 
the court being formed, and his Honor having taken his seat, 

His Honor arose, and stated, that seeing all the parties in 
court, interested, or connected, in the case of STERNE^ v. 
WHITE, in whch case Mr. Panton having moved yesterday for 
a new trial, he now begged leave to observe, that upon his look'. 



183 



ing over his notes and reviewing the minutes of the case, he 
noticed that he had omitted to comment to the jury on the 
evidence of Mr. Nethersole, one of the defendant s witnesses, 
which evidence, had it at first been put on record, would have 
been a complete bar to the action, and on account of such 
omission on his part, he thought it sufficient grounds to grant 
a new trial, and accordingly ordered the clerk of the court to 
enter on the record, A NEW TRIAL GRANTED, which was 
forthwith complied with. 

It is necessary Tiere to make a few observations before pro- 
ceeding further, in order to throw tlie clearest lig-lit possible on 
the whole subject, before my readers. 

On the morning of Thursday the 20th, myself and D. M. 
Sollas, Esquire, who still remained in town, being a witness sub- 
poenaed by me in my other action then pending, of Sterne, v. 
Swire, and others, had the following understanding. together. 

That in conseqence of its being fully in my power, owing 
to the large amount of damages granted to me by the jury, 
of showing publicly, that my action against the late Special 
Justice White, was instigated from principles of honour and ^ 
pure wish to work thereby a public good; — and further, that the 
same honourable feeling was the groundwork that actuated both 
Mr. Sollas and his son, in so valiantly sticking by me as they 
did, throughout the whole of my differences with the Saint 
George's Daniels ; and that I was not either actuated by ma- 
lice or selfish motives, in seeking redress by an action of da- 
mages, it was finally fixed and agreed upon this evening by us, 
that D. M. Sollas, Esquire, as my friend, and still the mutual 
friend of Special Justice White, as well as myself, who had 
been long before deputed by us, in conjunction with his son, 
Mr. M. M. Sollas, to bring about, if possible, an honourable re- 
conciliation («n(Z not Mr. JOHN NETHERSOLE, who had most 
truly been the cause of preventing such amicable and honorable 
adjustment of our differences^ and thereby bringing about this 
mischief and public exposure of his friend, Mr. White) should 
in the morning — say Friday the 2 Isf— -between 10 and 12 
o'clock, wait upon Mr. John Nethersole, and state, that, with 
my permission, he, as the mutual friend of both parties, was to 
acquaint him, Mr. John Nethersole, that if he would still pro- 
cure the letter of apology from Mr. White, which he, Nether- 
sole, had asserted in Court, that vvbite was ready to give {but 
had not done so) and to hand it oyer to him, Mr. Sollas, as my 
friend, that he would, on my part, hand him over an immediate 
satisfaction, to be entered on the record against my judgment, 
thereby, of my own free will and accord, at once relinquishing 



184 



every fraction of claim as to the damagcB granted to me by the 
Jury, and learing to Mr. White only to pay the costs, such as 
the Court might have awarded to me in the then ensuing Grand 
Court. 

The morning of Friday ^ tfie 2\st came. The Court came 
at an unusually early hour — say 8 o'clock, (for particulars, see 
page 182,) and had, immediately on the opening of the Court, 
made public its decision of granting a new trial, in Sterne, v. 
White. This decision, of course, being the general topic of 
that morning's discourse, spread like wild-fire throughout the 
town, and was the first bit of news Mr. Sollas heard after lea-?ing 
his breakfast-table ; in consequence of which, instead of pro- 
ceeding at once to Mr. JohnNethersole, as had been agreed upon 
the previous night by us, he proceeded at once to the tiispatch 
Newspaper oflice, to enquire of its Editor, Mr. Bruce, if such 
report was correct ; having understood from him that such was, 
indeed, true, he mentioned to Mr. Bruce the intended arrange- 
ment made by us on the previous evening, suggesting now, 
that he supposed an amicable adjustment of our differences 
could not, or would not now, be effected. Mr. Bruce, though no 
friend of mine, was truly a friend of Mr. White's, and ex- 
pressed his deep regret that such a desirable object was now 
likely to be frustrated, insinuating that he was quite astonished 
at the honourable stand I had proposed, and that if I carried it 
into effect, it should not pass unnoticed by him in his paper. 

Mr. Sollas now left him in search of me, and when we met, 
we both agreed, that it would now be useless attempting to carry 
the proposed arrangement into effect, as it would be doing away 
with the real effect I had hoped to have produced, and that it 
would have been generally said, that I had been compelled to 
offer such an arrangement, in consequence of the Chief Justice^ s 
granting a new trial, and not that it had proceeded from me 
through motives of honour, consequently Mr. Sollai never 
waited upon Mr. John Nethersole, although the report of the 
intention was generally circulated. 

It was on the morning of the 22nd, that the conversation 
took place between myself and Mr. Attorney -general ^ alluded to 
by me, in my affidavit laid before the court in January ^ 1836. 

Matters remained thus, until the early part of November, 
when I happened to be in Kingston, and having called upon Mr. 
John Nethersole, on matters of business, a conversation ensued 
about this affair of mine with White, and I then taxed him with 
his being the cause of its not having been amicably adjusted 
long ago, and tlien stated the arrangement that had been entered 
into, by Mr. Sollas and myself, immediately after the trial ia 



185 



AagQSt, but which we did not deem advisable to carry into effect 
after the decision of the Chief Justice in (/ranting a new trial. 

At this time, too, I was much pressed for want of money, 
the premium of bills being low, and money scarce ; and he, Ne- 
thersole, having been my only agent in Kingston, for the time I 
had been in business— say 10 or 12 years — and, consequently, 
better acquainted with my aifairs than any one else, I became 
urgent on him to negociate a bill; He resolutely took his stand^ 
that he would do no more business ivith we, as long as I re- 
mained at law with Mr, White , and the magistrates of Saint 
George^s ; and I, on ray part, determining to keep that a point 
of honour for the public good, and not allow the consideration 
of lucrative points in business to actuate my decisions in that 
way. 1 was willing to make great sacrifices to obtain my end 
as to money matters ; but was quite unwilling to compromise my 
honour, and the public good. 

I offered to sell Mr. John Xethersole a bill for one thousand 
pounds, sterling at par, so as to get money, bills being at the time 
17^ per cent, prem., thus sacrificing £175 : but even this liberal 
offer he would not accept, or listen to — neither would he hand 
me over the monies then due me, for produce consigned to his 
friends in England. I say due, because both himself, as well as 
me, had got the quotation of the prices of the sales effected, 
although we had not as yet got the actual account sales them- 
selves, which, from some oversight of the iiarties in England, 
were not sent out for some months afterwards. 

During this conversation, Mr. Nethersole suggested that the 
affair should be left to the arbitration of two mutual friends, 
and whatsoever they decided ujjon, should be conclusive. Mr. 
White having at this period quitted the Island, he, Mr. John 
Nethersole, was to represent him. I said, '' Well, with all my 
heart, I would consent to such;" naming Thomas Onn, Esq., and 
Dr. Maxwell, both of whom are residenters and magistrates of 
St. George's, and both are mutual friends of myself and Mr. 
White ; Dr. Maxwell being particularly the friend of Mr. White, 
he having, with Mr. Sollas, sen., beaded the subscription list 
for a piece of plate for Mr. White, and^otherwise interested him- 
self considerably in the collection of the subscriptions. It also 
so happened, that Dr. Maxwell was himself in Kingston at this 
time, boarding at the same lodging-house as myself; so 1 men- 
tioned to Mr. Nethersole that, on my return to the lodgings, I 
would name it to the Doctor, and, if possible, get him to step 
down with me to his store. Accordingly, on my return to the 
lodgings, I communicated the proposals to the Doctor, who, al- 
ways willing and ready to do a good act, at once entered into 
our views, and agreed to accompany me to Mr. John Nether- 
% A 



186 



soJe*s, He started one objection, liowever, which was, that, as 
he considered him&elf the friend of both parties— viz., mjseW 
and Mr. White — he wished we would nominate some one else, 
and, if it needed an umpire, that then he should, or would 
readily, step in as such. Having overcome this scruple on his 
part, he now accompanied me to Mr. John Nethersole ; and, on 
talking over the matter together, the Jin al question was put by 
the Doctor to Nethersole ^ which was, " That, providing it went 
to arbitration, (which was, to decide as to the costs only, for 
the point of damages I agreed to give over,) and the orbitra- 
tcrs decided as to the amount of costs — ivould he, Nethersole, 
then pay for White ouch amount, and so seille the matter in 
toto. To this, Nethersole replied, " That he could not — tJiat he 
held no monies for Mr. White/ and, moreover, that White 
had left the Island in his debt, and he had no idea of causing 
the debt to he made larger.''^ At tMs, both the Doctor and 
myself immediately said, then, of course, nothing can be done ', 
it is useless to submit the thing to arbitration : and we then left 
Mr. John Nethersole. The Doctor, I must say, used all the 
persuasion he was master of, to get me to drop all further pro- 
ceedings ; advising me to pocket the present expense, and not 
go on incurring more ; assuring me, that both himself and all 
other friends, were well assured that I had been most shame- 
fully treated. But, liowever, the Doctor did not know the 
origin, and the whole of the mischief incurred. 

The January assizes now began to come round, and, about 
a week or ten days before the commencement of that court, 1 
went to Kingston, to get all my subpoeneas for my witnesses ; 
amongst the number I had named the Marquis of Sligo, and 
Mr. Nunes, his Secretary. — thinking thereby, to get some very 
stout facts brought before the jury. Mr. Mowat, my Solicitor, 
was quite against it, saying, it would injure my cause ; but 1 
contended, injure or not, mj object would be obtained ; Mr. 
Mowat accordingly recommended me to consult counsel about it, 
whom he said, he was sure would not advise such a step ; I as- 
serting that I would act for myself, and plead my own cause, if 
necessary ; I cared nothing about the Governor. I and my family 
could live without him, and I would not attempt to screen him 
in a cause where he deserved such exposure. 

Accordingly Mr. Mowat accompanied me to counsellor 
Middleton's chambers, and there, before him, joked me with my 
going to turn barrister and wishing to plead my own causej and 
then said, well, Middleton, what do you think, Sterne will have 
it, that he knows more about the case than eiher the Chief 
Justice or yourself: well, said I, if it comes to that^ I will 
maintain that the Chief erred in his decision, upon Mr. John 
Nethersole' s evidence ^ and he had no light tvhatever to grant 



187 



this new trial; Mowat laughed, but Middleton was serious. 
Well, 1 observed to Mr. Middleton, have you looked well at the 
1 aw on this point. He said he had not, then saysMowat, you have 
the act, pray do turn it up to satisfy Sterne. This he accordingly 
did, and no sooner had he looked over the act, and read the 
three clauses refering to the point fsee page 159) than he eja- 
culated, Sterne is right; why did you not put this into my hand 
at the trial, I would have shown the Chief at once that he was 
in error. I observed, well that is pretty to be sure, for me, an 
humble individual and suitor, to shew law to the counsel ! Oh 
but says Mr. Middleton, this is an entire new act, and 1 had not 
seen it: so I was compelled to be satisfied with the knowledge 
that the Chief Justice, had erred at my expence in granting this 
wew friaf,- for Mr. Middleton continued to observe— see here, 
had you only shewn me this act, I would have saved you all this 
delay, anxiety and expence in bringing this new trial. 

It was determined upon, that the Governor should not be 
summoned, but that Mr. Nunes his Secretary, should, 'and having 
got all my subpoenas prepared, I returned to St. George's, and 
served all my witnesses to the number of twelve as follows. 



1. W.G. Nunes, 

2. TheHon.J.Bell, 

3. Ed, E. Fishburne, 

4. Henry Burge, 

5. D. M. SoUas, 

6. M. M. Sollas, 



with a duces te 
cum. 

A Sp. Justice, 



7. D 8. J. Maxwell, 

8. J. E. Anderson, 

9. Robert Hutton, 

10. Moses Sarfaty, 

11. Moses G.Silva, 

12. E. C Burgess, 



The January assizes now arrived. I got to Kingston on the 
Saturday previous to the first Monday of the court, on purpose 
to again consult with counsel, about the new trial; on this day, 
which was the dth day of January 1836, I waited upon Mr. 
Middleton with my brief, and tendered him a doubloon or 
£5. 6s. 8d. with it; but he refused to take the money, saying, 
put it in your pocket, you have suffered in this affair already, 
and I wish it was over for your sake ; come, I \vill tell you what 
we will do, there will be no need of witnesses, for there will be no 
trial; send them home , and notice the defendants attorney , that 
he may do the same, and I will move as the first tiling in court 
on Monday morning, that your verdict be entered up, as granted 
to you by the jury. What, Sir, say I {remembering the vin- 
dictive feelings of the Chief Justice towards me), risk such a 
thing as that, after I have already gone to such a heavy expence, 
to bring up my witnesses, I cannot think of it. Well, replied Mr, 
Middleton, if you will be advised by me, you will immediately 
attend to what I say, a)id I will secure you your verdict ; still 
doubting, I said I could not risk it. Then said he, you will have 
to regret it^ for there was no new trial granted. What, Sir, I 



188 



replied, quite astonishecl, no new trial granted? No, he said, yo« 
will find when the case is mo\ed^ that the Chief will deny his 
ever having granted one; he could not, under the act, and there- 
fore there is some mistake in it. Why, Sir, I replied, I will be 
sworn that he did, I heard him with my own ears, and so did 
many others; nai/ the clerk of the court entered it upon the 
record by Sir Joshua Rowers own positive orders^ and I will 
shew you the record, or a copy of it. With that I left him, and 
hastened to Mr, Mowat's office, to whom I communicated what 
had passed between myself and Mr. Middleton. Mr. Mowat 
was for a moment shocked, aye, he says, there is something in 
this; not granted a neio trial, I will be upon my oath, that he 
did, and here it is, in the clerk of the courts own hand writing, 
but come along with me — with that he took up his hat, and off we 
both went to Mr, Middleton As we entered, Mr. Mo-wat said, 
why, Mr. Middleton, what is all this you have been telling Sterne, 
that the Chief Justice did not grant a new trial in Sterne, v. 
White ? No said Mr. Middleton, he did not grant onej he only 
observed something as to allowing it to be argued. No Sir, said 
Mr, Mowat, I will he on my oath, that he granted a new trials 
in as distinct words as ever he spoke in his life; and what ismore^ 
here is the record of a new trial, granted, written, as Mr, iVf 
Cullough says by the Chiffs own positive orders; so that there 
could be no mistake, well well says Mr, Middleton, I only advise 
Sterne for the best; there will be no new trial, leave it to me, 
and on Monday morning, the first thing in court I will move 
that the judgment be recorded up for him, as granted by the 
jury. Very well, says Mr. Mowat, you are our counsel you know 
best; we leave it all to you. 

Monday came, which was f?ie \lth of January, the court 
opened, and, as soon as it came round to Mr. Middleton's turn, 
he moved His Honor, the Chief, that the verdict of the Jury, in 
last August Assise Court, in the cause of Sterne v. White, be re- 
turned upon the record, in favor of the plaintiff, as the counsel 
W the defendant had neglected to argue the case in the last Su- 
preme Court, His Honor was about to reply, when up jumped 
Mr. Attorney-General, and said, ^'why, your Honor granted a 
new trial for these Assizes^ and our witn-esses are all now here, 
prepared for the issue. 

THE CHIEF — Mr. Attorney ^General we didno such thing. 

Mr. ATTORNEY-GENERAL— /ndeerf, Your Honor, but 
you did, though. 

THE CHIEF— Pfe did no such thing, Mr. Attorney-Gene^ 
ral, you must have mistaken the Coxirt. 

Mr. PANTON — Your Honor certainly forgets; you most 
ii.asuredty did grant us a new iri<d. 



189 



THE CHIEF — (Looking- savage and black) be seated, Mr. 
Panton, we did no such a thing, you mistook tlie meaning of the 
court; for if you look at the act itself, you will find we could 
not. 

Mr. PANTON bowed, and seated himself. 

Mr. ATTORNEY-GENERAL— rowr Honor most certainly 
did grant us a new trial^ and our client^ Mr, White^ went to 
England^ with a copy of the record^ to that effect, in his jfocket, 

THE CHIEF— PFe camiot help it^ Mr, Attorney-General. 
Let us know, Mr, Middleton, what your motion is. 

Mr. MIDDLETON— T/ia( the verdict, as granted hy the 
Jury, be entered on record, in favor of the plaintiff. 

THE CYi\EF-^( Addressing the clerk of the court), let that 
he done, setting aside the new trial. 

Mr. ATTORNEY-GENERAL— Then, your Honor, I think 
that very hard upon Mr, White; and had your Honor only de- 
cided so at the first, it would have been all settled before this ; 
it would have been set aside; /or the plaintiff was going to en- 
ter up a satisfaction on the judgment, and so I told the jury a 
day or two of ier, when I acted as his counsel in another case, 
giving the plaintiff the full benefit of such. 

THE CHIEF— Yon, as the Plaintiff's counsel, addressed 
the Jury to that effect. 

Mr. ATTORNEY-GENERAL— Certainly, your Honor, I 
did ; / had the Plaintiff ^s authority for what I said, and the 
Plaintiff had the full benefit of such an address. 

THE CHIEF-— 0/«, then, that alters the case ; a suitor is 
always bound by his counsel, and, as such^ I shall certainly 
stay all the proceedings upon the judgment. 

Mr. ATTORNEY-GENERAL— Very good ; that will do, 
your Honor. 

THE CHIEF— (Calling the clerk of the court)— mark the 
record in that cause, that no proceedings be allowed to issue ^ 
without the express orders of the court. 

At this most unjust and arbitrary rule, I called upon my 
counsel, Mr. Middleton, but he would not listen, or pay atten- 
tion to me, I spoke to the Attorney-General, nor would he; I 
then walked up to tlie Chief to address him on the subject, but 
he ordered me down ; I attempted to speak, but he ordered me 
oft, saying, ''we cannot hear you, but through your counsel," I 
then went to Mr, Middleton, Mr. Middletoti said I w'as not your 
counsel ; I then went to the Attorney-General, he said, lamnot 



190 



your counsel; so neither would, through fear of the Chief, 
countenance me. I then told the Attorney -General, you have 
been asserting falsehoods, to injure my cause; / insist on your 
retracting, and doing me justice. Mr. Attorney-General replied, 
tell me that in some other place, Sir, I said I would both tell it 
to him there, and at any other place I met him. 

I then appealed to Mr. Mowat, my solicitor, who was present 
and witnessed the whole, and knew, of course, a great deal 
more of the facts about it, than others of the lookers-on : Mr. 
Mowat was so disgusted at itj that he hardly knew what to do; 
he said he would take his name off the record as my solicitor, 
and then I could go on record, in my own proper person, and 
speak for myself: accordingly, he proposed a motion to that 
effect, which he handed to Counsellor Middleton, and Mr. Mid- 
dleton moved, that Messrs. Mowat and Read be withdrawn 
from the record, as solicitors for the plaintiff, in Sterne, v. 
White; and that the plaintiff do go on record, in his own proper 
person: but the Chief would not for a moment entertain it: Mr. 
Mowat was at a loss what to advise me to do. He said, you see 
all your attempts to get justice is thrown away, the Chief is dead 
against you, and you are sacrificed; it is only throwing away 
your money to proceed, but, if you are determined to go on, go 
you to Mr. Batty, fee him, and let him advise you : accordingly, 
away I went to Counsellor Batty, tipped him his fee, and con- 
sulted. 

Now, Mr. Batty is the only sturdy, and truly independant 
counsel at the Jamaica bar : he advised me at once to draw up 
an affidavit of facts to set aside the Attorney -General's assertions 
made to the court, bring it to him for form and correction, and 
he would move the court respecting it, in the morning. 

I accordingly prepared the following- affidavit, which Mr. 
Batty corrected and settled. 



fin a matter of Jbterne b* Wi\iiit^ 
Jamaica ^js* > 

HENRY STERNE, of tlie Parish of Saint George, in the 
County of Surry, and Island aforesaid. Esquire, the plaintiff in 
the above cause, being duly sworn, maketh oath and saith; 

THAT, on the morning of the trial in the cause Sterne w. 
Swire and others, in the last August Surry assize court, before 
the trial had recommenced (it having been adjourned the evening 



191 



before) at 8 o'clock, a.m., tliis deponent witli counsellor Ed- 
wards, at Mr. Attorney-General's own request and appointment, 
waited upon Mr. Attorney-General at his lodgings to consult 
together, as to the nature of the evidence, to be adduced on such 
trial, when the following observations were made by this depo- 
nent to Mr. Attorney General. 

" Welly Mr. Attorney 'General, I think you have acted very 
unwisely y in moving for a nerc trial in the cause of Sterne v. 
White y for, had you not done so, it is more than probable it 
would have been all settled ere this. For I had authorized my 
friendy Mr. Sottas, to wait upon Mr. Nethersole with a propo- 
sitiony thaty in order to show forth to the worldy that I did not 
want to pocket a sinyle dollar of Whitens luoneyy if he, Mr. 
Nethersole, would procure for me the lettery which, he asserted 
in Court, Mr White was willing to grant me, expressive of his 
regret at what had passedy and jJ aid up the costs of suit of the 
action, I would enter up a satisfaction on the judgment ; buty 
of course, the Courts granting a new trialy has completely put 
such a negociation out of the question, 

AND THIS DEPONENT doth most solemnly assert, that 
nothing further fell from him to Mr, At tor ncy -General y relative 
to the matter of Mr, White ; andy moreover y that he, deponent, 
never gave Mr, Attorney -General any authority whatever, to 
make use of such observations as fell from him, much less to 
have authorized him, as he asserts, to have made use of them in 
a Court of Justice. 

AND THIS DEPONENT further most solemnly asserts, that 
Mr. Counsellor Edwards, was joined with Mr. Attorney-General 
as this deponents counsel, in the matter of Sterne, v. Swire, and 
others, and he, deponent, did wait upon and consult with 
Mr. counsellor Edwards, as to the matter of the said trial, and 
deponent further declares most solemnly, that to neither of his 
said counsel, did he express a wish, or give such authority, that 
such aforenamed proposition should be mentioned to either 
court or jury, much less that he ever intended to forego the 
judgment, 

AND THIS DEPONENT solemnly asserts, that he was 
present during the whole trial of Sterne v. Swire and others : and 
that, during such trial, no such observations were made by, or 
fell from, Mr. Attorney -General, as were stated by Mr. Attor- 
ney-General to have been made, to either the Court or Jury, re- 
lative to this point, or that this deponent had spoken to him on 
such a subject, further than as follows: — 

" Mr. Attorney-General observed — Gentlemen, I do assure 
you, that something has come to my knowledge since I last 



192 



addressed this Court, when I was Counsel against my present 
client — which, I assure you, gentlemen, causes me to form a very 
different opinion of him than I then entertained. I know him to 
possess honor, gentlemen." Further, Mr. Attorney -General 
never spoke relative to Mr. White or the trial. 

And this deponent, further solemnly avers that the contents 
of this his affidavit, is just and true in every particular, to the 
best of his recollection and belief. 



HENRY STERNE. 



Sworn before me, this 13th ^ 
day of January, 1836. t 



JOHN WEPPLER, per Commission. 



Having engrossed it in duplicates on the proper stamps, I 
attended at the court in the morning; but it was not moved until 
the second morning, say Thursday \Ath^ one copy having been 
laid before the Chief according to the rules of court : the Chief 
took it up to read before either Mr. Batty or Mr. Attorney 
General came into court, and knowing Mr, Middleton to be my 
counsel, he called out to Mr. Middleton — why, Mr. Middleton, 
here is an affidavit laid before us in the case of Sterne v. 
White — and a very improper affidavit it is ; we wonder at any 
counsel attempting to have allowed it to be laid before a court; 
it is so impertinent — so improper, directly giving the lie to His 
Majesty's Attorney -General. 

Mr. MIDDLETON — Getting up, opening his copy, and 
reading, replied,— why, your Honor, I see nothing objection- 
able in it, 

THE CHIEF— Nothing objectionable— why, it is the most 
improper document I ever saw ; I wonder at my counsel allowing 
such a thing to be laid before us. 

Mr. MIDDLETON — I can see nothing wrong in it, your 
Honor: the language is very strong — very strong, very powerful, 
but nothing but what is right, and ought to be allowed. 

THE CHIEF— I am surprised at you, Mr. Middleton, for 
saying so ; here, Mr. Attorney-General, (who had that moment 
entered the court,) here is an affidavit that has been laid before 
us, in the case of Sterne v. White, directly impugning your ve- 
racity^ but we will not receive it, looking blacky black, horribly 
black J at Mr. Middleton. 

Mr. Middleton — Your Honor, it was not settled by me — Mr. 
BATTY settled it, shewing the settlement, with Mr, Batty's in- 
itials to same. 



193 



THE CHIEF — (With surprise) Oh, very well — we will not 
receive it. 

Seeing the court was fully bent not to give me hearing by 
counsel, I had the following document prepared, as a motion to 
the court, which Mr. Middle ton, as my counsel, moved, hut the 
Chief would not recognise it. 



STERNE t'. WHITE. 

That Henry Sterne, the Plaintiff in the above cause, 
do go on record, in his own proper person, in the room of 
Messrs. Mowat and Read, his attorneys on record, on the usual 
terms. 

HENRY STERNE, 

In pro. per. 
We consent, M. & R . 



I had now to go back to Mr. Batty, who said, never mind ; 
be you in court to-morrow morning, and I will be there. I will 
talk to him myself. But what is your direct wish ; why, I said, 
to obtain justice. The Chief has directed the verdict of the Jury 
to be recorded up as a judgment, with one breath — and with his 
next breath he has nullified and set it aside, because he finds 
the Attorney-General will not allow him all his own way. What 
then shall I do for you, asked Mr. Batty ; / replied, for charity 
sake do all that you know to be right ; leave nothing undone 
that ought to be done ; for I see he is determined not to grant 
me any justice, however right my cause ; and I am resolved, on 
my part, that when I have done all that I can, out here, unless I 
do get justice, I will carry the case across the water ^ and im- 
peach His Honor before the Home Government, 

Very good, replied Mr. Batty, but what point are we to fix 
for at present. I answered, you must insist, either, upon my 
having the judgment clear and unfettered, for me to act upon, 
at my own free will and pleasure ; or, that we proceed on at 
once to a new trial, for my witnesses are still in town, at a 
heavy expense, myself and them being at least £20 per day. 

Accordingly, the next day, FrifZay, the loth January, Mr. 
Batty moved in court, that the affidavit of Henry Sterne, the 
Plaintiff in the cause of Sterne v. White, be read by the court, 
and acted upon. 

2 B 



194 



: THE CHIEF— We liave already attended to tliat affidavit, 
Mr. Batty, and decided it to be an unfit document for this court. 

i>lr. BATTY— Why, tlien, your Honor, I should like to 
know what would be considered a fit document, 

THE CHIEF— Not such a one as that, Mr. Batty ; it is a 
direct attack upon the veracity of His Majesty^s Attorney- 
General, 

Mr. BATTY— TAa^ maij he, your Honor, h\xi it could not be 
avoided. //" Mr. Attorney-General lays himself open for such 
attacks, he must expect to receive them; my client has come 
forward with facts upon oath; now, let Mr. Attorney-General 
rebut them if he can. 

Mr. ATTORNEV-GENERAL— Well, really, your Honor, 
I was under a full impression that I was correct m what 1 
stated to the court the other morning, concerning this case, 
though, I might, perhaps, have gone a little too far. 

THE CHIEF — Why, you vehemently pledged your vera- 
city, for the truth of it, Mr. Attorney -General, we are not to 
be trifled with, by such erroneous impressions. W^hat is the 
purport of your present motion, Mr. Batty? 

Mr. BATTV — That your Honor will be decisive for my client, 
one way or the other ; we do not care which way it is ; either to 
have, the verdict already granted by the jury, or to proceed at 
once to the neiv trial, which your Honor granted last court. 

THE CHIEF— The court has already stated, that there was 
no new trial granted, and you must now make a proper motion 
for what you at present require. 

Mr. BATTY — Why, then, your Honor, the record is falsi- 
fied, and the plaintiff has been put to an extraordinary uncalled 
for expense ; for we have now got a doscn witnesses in court, 
ready to give evidence on this new trial. 

THE CHIEF— H^e can't help that, Mr. Butty, 1 wish you 
would arrange between yourselves, and then let us know what 
you wish the court to do. 

Mr. ATTORNEY GENERAL— Let Mr. Batty reduce his 
motion to writing, and then we shall be prepared to answer him 
in the proper way. 

Mr, Batty — Very good, very good; we will prepare a mo- 
tion for the court ; and then, turning round to me, requested me 
to see him at his chambers after the court. 

'■' ■ Early the next morning, liaving met Mr, Batty at his cham- 
bers, the following motion was prepared, and decided to be 
acted on early in tlie week. 



195 



In the 3anuaf|>^urr2 U^^i^t^, 1836. 

STERNE, V. WHITE. 
Jadgniod obtained June Grand CoiLrt^ 1835. 

On referring to tlie affidavit of Henry ?:ieriie, filed the lAth 
daij of January instant, and to the notes or admission, made by 
tliis Honorable Court, that the order of this Honorable Conrt, 
endorsed on the back of the judgment, " Granting a new trial," 
be rescinded, no sucli order having been made ; and that the 
said judgment be and stand confirmed ; and that the plaintiiF 
therein be at liberty to lodge his wi*it of execution thereon, for 
the next Grand Court ; and to adopt all other process to compel 
satisfaction of said judgment, unless cause be shown to the con- 
trary, before the last day cf tlie sitting of the Court. 

HENRY STERNE, 

In pro per. 
Mr. BATTY, and Mr. MIDDLETON. 



Several attempts were made during the early part of the 
week to bring this matter to a final close ; hut there ivas so much 
scheming by the Attorney-General and the Chief Justice to 
baffle my endeavours, that it was not before Thursday, the Qlst, 
when both my counsel, Messrs. Batty and Middleton, as also the 
defendant's two Counsel, were all present — that the question 
was properly mooted, by 

Mr. BATTY, who moved the Court to attend to the fore- 
going motion. 

Mr. ATTORNEY-GENERAL— I rise to oppose the mo- 
tion, your Honor. I cannot tacitly submit to allow that verdict 
to be entered on the record, after tlie defendant has already 
gone to England, ivith a copy of the record in his pocket, for 
a nerv trial granted. 

THE CHIEF— The question of a new trial, Mr. Attorney- 
General, has been already decided. There has been some mis- 
take about that ; for we have already told you we 'did not, nor 
could we, grant one. 

Mr. ATTORNEY-GENERAL— I^cZeecZ, your Honor, but 
you did ; and Sterne had the full benefit of my declaration in 
Sterne v. White, and, moreover, he quietly acquiesced in what 
1 told the Jury. 

Mr. BATTY — Now, Mr. Attorney -General, if Sterne was to 
have entered up a satisfaction on the record, vhy move for a 
nciv trial ? 



196 



THE CRIEP— Sterne had the benefit of the Attorney-Ge- 
neraVs declaration to the jury, in Sterne v. Swire. 

Mr. BATTY — Most absurd, your Honor. The Attorney- 
General was not Sterne'' s counsel in this cause ; hut ne fear not 
a nerv trial — -our witnesses are all here, and ready to go to one. 

Mr. ATTORNEY-GENERAL—/ cannot consent, your 
Honor, to any (hiny else but a new trial. 

The CHIEF — But the Court has not the power to grant one. 

Mr. ATTORNEY-GENE RAL^Mr. Batty says the plaintiff 
is ready to go to trial again. 

The CHIEF^— If all parties consent to such, that alters the 
question. Seizing his pen for the decision— whsit say you to 
that, Mr. Batty P 

Mr. BATTY— Oh, your Honor, we are ready for either ; 
my client has told me so ; {and then, turning round to me, who 
stood at his hack, said, ** Vou arc ready for either, are you 
not ?" I replied, I leave it to you^ entirely.) 

The CHIEF— Come, Mr. Batty, we are waiting for you 
to say. 

Mr. BATTY— The Attorney-General will have a new trial, 
it seems, and we can do nothing without it ; so, your honor, 
with all ray heart, we consent to let him have his own way ; but, 
I tell him, he will rue it. And then^ looking up at the Jury, 
then sitting, continued — With trvelve good honest men there, we 
ivill have £300 for the next verdict, instead of £103 ; we will 
expose the gross conduct of the defendant. 

So, accordingly, a new trial was now fixed upon, which I 
wanted brought on at once, to save the dreadful expense of 
again bringing over my witnesses, but this the Court objected 
to,— Dated Thursday, 21st January, 1836. 

The following document is a copy from the declaration of 
this action^ taken from the record. 

In SURRY. 

Wu 3fuv|> fintf Bcfcittrant iStttltj>, upon 
Counts 2 & 3. 

23amascs(, £l03 6s. Sd. 

Foreman— THOMAS CLINCH. 

J^cb) Sr(al Srantetr, 



197 



AUGUST, SURRY ASSIZES, \Sd3. 
In SURRY. 

Ho WLvii to tjS0U0 iDitlioitt ovXstv of tlie 
Coutt. 

Entered up first Monday of Court, 
January 11, 1836. 



The new trial being now decidedly fixed for April As- 
sizes, my witnesses returned to tlieir liomes — much to the an- 
noyance and disappointment of the Hon. JOHN BELL, who 
had been heard to boast, publicly, before he left St. Gcorge^s, 
he ivoxild again drink his CHAMPAIGN at Sterne'' s expense, 
for he should insist upon having his expenses paid, before giving 
his evidence, and, of course^ his not having been called upon 
the hoards as a witness, he could not claim it. 



The April Surry Assizes now began to draw nigh ; accord- 
ingly, I went to Kingston, and got my subpoenas prepared for 
my different witnesses, in No. 15, as follows : — 



1. William G. Nunes, 

2. Charles Harvey, 

3. Moses Sarfaty, 

4. M. G. Silva, 

5. D. M. Sollas, 

6. Edward C. Burgess, 

7. M. M. Sollas, 

8. John E. Anderson, 



9. Robert Hutton, 

10. Henry Burge, 

11. The Hon. J. Bell, 

12. Edward E. Fishburne, 

13. Roger Swire, 

14. Colonel T. Moody, 

15. Dr. James MaxwelJ, 



There was a duces tecum served upon Mr. W.G. Nunes, Cbas. 
Harvey, and M. M. Sollas, to produce certain needful docu-;- 
ments ; and I went to the labour of serving tlie whole personally, 
myself. Both Mr. Middletou and Mr. Mowat told me I should 
injure my cause by attempting to bring Mr. Nunes, the Go- 
vernor's Secretary, into Court ; but I nevertheless attempted it, 
and served him with the subpoena myself, at the King's House. 
The assizes arrived, and now came on. 



^econtr Srtal of 

Sterne \, White. 

SURRY ASSIZES, WEDNESDAY, APRIL 13, 1836. 

THE COURT. 

^ir SJOjSllUa liOlUC, Knight, Presiding Jmlge,^ 

Assistant Judges— The Honourable gOllU fHat^', ^tt = 

tOVfttltClieU, and ^WtflOni) Baijl.^, Esquires. 



198 



THE JURY 



1. Riclid. W. Pautins 

2. E. C, Lewis, 

H. George Newlands, 

4. R. M'PhersoD, 

5. Saul Moss, 

6. Simon Noyes, 

7. B. Noclxells, 

8. James Wright, 

9. D. Lopez, 

10. J. W. Sanclies, 

11. Dennis Tracy, 

12. J. M. G. Wood, 



St. Andrew, 
Kingston, 
St. Andrew, 
Kingston, 

do. 
St.Tlios.inEast, 

do, 
St. George, 
Kingston, 

do. 
St. George, 
Port Royal, 



Planter, 

Ironmonger, 

Planter, 

Gentleman, 

Storekeeper, 

Carpenter, 

Planter, 

do. 
Storekeeper, 
Cabinetmakr. 
Planter, 
Carpenter, 



Mr. MIDDLETON opened the pleadings, and stated the 
facts of the case to the Jury. It is a very aggravated case of 
trespass and assault, committed on the plaintiff under shelter of 
magisterial power. The defendant was a Special Justice ; and 
the origin of the present ca^e was hy an apprentice of the 
plaintiff h (who was a sworn -in special constable, and, conse- 
quently, an officer under the Special Justice,) lodging a com- 
plaint to the Special Justice^ against another apprentice ivho 
had abused and assaulted liim^ whilst fulfilling the lanful com- 
mands of his mistress. And the defendant^ instead of hearing 
his complaint and redressing his grievance, as he ivas in duty 
hound to do, thought it a fitting opportunity of revenging 
himself for an old grudge he held against the poor man, and, 
in the most cruel, illegal, and unjustifiahle manner, committed 
him (mind you, gentlemen, he being a complainant, and not a 
person complained against) to the St. George^s n-orkhoxLse, where 
he was incarcerated in irons, and put to hard lahour. That, 
in consequence of such an unjustifiable committal of the plain- 
tiff's faithful servant and apprentice, Mr. Sterne, who was at 
the time in the Special Justice's Court, having accompanied his 
wife there, who was summoned to give evidence by defendant 
upon this complaint, this being the morning of the IStJi Ja- 
nuary. — Mr. Sterne, gentlemen, as became a man, nay, as he 
was in duty bound, to protect his faithful, innocent, and un- 
protected apprentice, stood up, and remonstrated icith the 
Judge. He respectfully entreated his Worship to hear his 
wife's evidence, particularly so, as he, the defendant, and then 
Judge, had summoned her there for the purpose. No, cries the 
Judge, I will not hear her evidence, my mind is made Kp--and 
J shall commit the man to prison 

Mr. Sterne still remonstrated ; but, instead of the Judge 
attending to the remonstrance, he got into a violent passion, 
swore at and abused Mr. Sleme from the bench, and threatened 
liim, that, unless he shut his mouth, he would likewise commit 
him, and put him alongside of his apprentice. Mr, Sterne, ne- 



199 



tcrthelesSy continued to intercede^ when White called upon the 
police, who were then in attendance, with drawn swords, and 
made them lay hold of Sterne, and, with violent hands, they 
tore him, and dragged him out of the public Court-house, and 
all this done in the presence of many of Sterne's neighbours, and 
respectable inhabitants of tlie parish, who thus witnessed the 
degradation committed upon him. 

Sterne then went home with his wife, and having noticed 
another Special Justice ride up to the court-house, and feeling 
most acutely the ivrong and injustice committed upon his inno- 
cent apprentice, and, I must say, callous would have been his 
heart, if he had not. He again returned to the court-house, and 
endeavoured by respectful intreaty to induce White to alter his 
sentence, and liberate the man; but White was deaf to his en- 
treaty's, and again made the police lay violent hands upon him, 
and dragged and hustled him otU of the court-house. 

After the court had adjourned, on the same day, Sterne 
went again to the court-house, to see Mr. Hossack, the collect- 
ing constable on business, while the two Justices, White and 
Fishburn were walking up and down; but gentlemen, no sooner 
was Mr. Sterne seen by the defendant to enter the court-house, 
than White again called upon the policemen^ and with oathSj 
i^acle them again drag and hustle Mr, Sterne out of his court ^ 
and gave them strict orders never again to let him set his foot 
in his court } and strongly advised his associate, Mr. Fishburn, 
to act the same way, giving him to understand, that he was a 
dangerous character, and w^ould watcli and report the proceed- 
ings of his court. 

All this occurred, gentlemen, ou Tuesday, the ISth of Ja- 
nuary — and now, to show you the determination on the defend- 
ant's part to oppress Sterne, and so injure him in tlie eyes of his 
parishioners, «/Ver the lapse of a whole week — scry, on Tuesday 
the 20th — a public sale of some of Mr. Sterne's property was 
going on at the public court-house, and Mr. Sterne, amongst 
numerous others, aga'n attended there, and he was again on 
this day forcibly expelled by an armed body of police from the 
public court-house, by the defendant, who was again sitting as 
a Special Justice. Having been dragged out of the court- 
house ^ Mr. Sterne entered the lobby, where the sale was going 
on, but here again White made the police seize upon him, and 
force him out y and on this occasion they imprisoned him, by 
keeping him at bay in the street, and not siiffering him to re- 
turn to the sale whither, he wanted to go. 

Again, gentlemen, after further cool consideration, and the 
lapse of a whole fortnight from this period — say, on Tuesday, 
the 3rd of Febriiary — we shall prove to you, that Mr. Sterne, 



200 

having had occasion again to attend at the public court-house 
on hnsiness, was again most ignominiouslij mid degradcdli/ ex- 
pelled from the public court-house , by the constable of the pa~ 
7-ish, at the defendant's orders, and^ on this occasion, publicly 
boasted, that he had His Excellency's the Governor's authority 
so to turn Sterne out of his court. 

These are the facts of my case, gentlemen, for which I ap- 
peal to you this day, on the hehalf of my client ; apprising you, 
that a public court-house is open for all, whosoever wishes, may 
enter, and no Governor , no Judge no Police, have by law the 
power of expelUny you. On our substantiating these facts this 
day, I claim at your hands a handsome compensation in damages, 
for the injuries and indignities my client has sustained, as well 
as to reimburse him for the enormous expences he has been put 
to in bringing on this action. 

Mr. ATTORNEY GENERAL now rose, and called for 
the notice of action. 

The notice of action, with the affidavit of service attached 
thereto, (see page 160) the same as was proved and allowed by 
the court to be received in evidence on the first trial, (see page 
170) was now handed up, and tendered in evidence on this. 

Mr. PANTON objected to the affidavit itself, saying — ■ 
Your Honor, this won't do, we must have the witness himself 
brought upon the hoaids. 

THE CHIEF— 0/j, certainly, certainly, if he is alive. 

Mr. MIDDLETON insisted that the affidavit was all that 
was necessary, that it was the same notice and proof which had 
before been established on the first trial. 

THE CHlEF-^We know that, Mr. Middleton, hut the man 
might never have served that notice. 

Mr. MIDDLETON — Surely your Honor, what was con- 
sidered good evidence on the last trial, mus the good this ^ your 
Honor cannot nixUify such ; it was the defendant, and not us, 
that sought this new trial. 

THE CHIEF — The affidavit would do in the grand court, 
Mr. Middleton, but we cannot allow it in this^ before a jury. 
(Pray, reader, refer back to the first trial, page 170, and see 
how His Honor differs in opinion.) 

Mr. BATTY— Well, then we will call Mr. Nethersole, and 
he shall prove the admission of service by Mr. White. 

Mr. JOHN NETHERSOLE was called up and sworn- 
He could not prove the disfinci fart ; he could only speak as to 
the service of a notice, but not of the particular notice. Mr- 



201 



Nethersole was about relating a conversation with Mr. White, 
who felt surprised that Mr. Sterne should have brought an ac- 
tion, after he had agreed to a compromise, when 

Mr. BATTY requested him not to give a lony story, 

Mr. JOHN NETHERSOLE — in an indignant manner, ex- 
pressed himself warmly, in reply to the observation. 

THE CHIEF— We do not think Mr- Batty meant to wound 
jour feelings, Mr. Nethersole. 

Mr. BATTY — Surely there was notliing disrespectful in my 
asking Mr, Nethersole ^ not to tell us a long story. 

Mr. M. M. SOLLAS — Sworn and deposed, that he saw Mr. 
White in April, 1835, who showed him a notice that had been 
served upon him ; (the original notice was here shown to wit- 
ness) ; he could not swear positively that the copy served, was 
an exact one of the oriffinal, but, thinks the substance was the 



Mr. BATTY to witness — Were you not present when it 
was served? 

WITNESS—I was at Iterhoreale Estate with Mr. White, 
on the morning, I think of the Sth April, 1835. I cannot speak 
positive as to date ; myself and Mr, Adam Gray, were in the 
house, and in conversation with Mr. White ; a servant called 
Mr. White out, saying some one wanted to speak to him. Mr. 
White went out, and in a minute or two reticrned to us with 
the notice in his hand, saying, *' See here -^-see here — what the 
devil do you call this .^" 8fc., S(c. and stated it was just then 
served upon him. 

Mr. BATTY — Did he state by whom it was served P 

WITNESS — I do not think he did. J cannot charge my 
memory, as to whether he did or not. 

Mr. EATTY — Do you know the witness deposing to that af' 
fdavit of the service of the notice ? 

WITNESS— /do. 

Mr. BATTY — Did you see him at Iterboreale estate that 
morning ? 

WITNESS— I did. 

Mr. BATTY — Did you see him serve the defendant with 
the notice ? 

WITNESS — Idid not see him put the paper into defendant's 
hands — the defendant went out of the house, and was served 
2 o 



202 



with the notice ; and^ on his returning to its nith the notice^ I 
got up and saw Mr. Andrew Brawny whose affidavit this is^ out- 
side the house J preparing to ride away, 

Mr. BATTY — Well, your Honor, I think this is quite suffi- 
cient proof of the service. 

The CHIEF— iVbt yet, Mr. Batty, To witness^You did 
not see Mr. Brown serve the defendant with the notice. 

WITNESS— 7 did not. your Honor. I have stated just 
what occurred. 

THE CHIEF— T/uw, that will not do ; your testimony 
goes for nothing, 

Mr, BATTY — I will put another witness upon the boards — 
one of the plaintiff's solicitors. 

JOHN W. REID, Esq., Attorney-at-law, being called up 
and sworn, proved — that the notice and copy of it was issued 
from his ojE&ce more than a month before the action itself went 
out, and that no other action was sent out from his office to that 
Court against Mr. White j " the last day of summoning ivas the 
12th of May.'' 

A letter from Mr, John, Nethersole, addressed to the plain- 
tiff, was now handed up, and witness proved the handwriting to 
be that of Mr. John Nethersole's, which was ordered to be read 
to the Jury, and ran as follows : — 

Kingston, lOih April, 16B5, 
Dear Sir, 

I beg to annex you extract of a letter I re- 
ceived from Mr. White, and considering it to have arisen in 
error (after having been given up by yow, and my having 
written him to that effect by your authority, as also spoken to 
Mr. Silva to meet Mr. Sarfaty, whom you had appointed to ar- 
bitrate on the goods lost, 

" Just as I had sent my servant to the post 
" with a letter to you, came the enclosed notice of action from 
** Mr. Sterne. I understood from you all proceedings from 
" him were at an end. W^ill you, my dear Sir, explain this ?' 

Your answer will oblige, yours, truly, 

JOHN NETHERSOLE. 
Henry Sterne, Esquire, 

Buff Bay. 

Mr. BATTY contended that he had proved enough. 

THE CHIEF decided that sufficient ividence had not been 



203 



adduced to prove the service of the notice, whicli was an essen- 
tial ingredient, and in consequence, ought to be distinctly proved. 
No evidence had been brought forward to prove that a correct 
copy of the notice had been served. The court could not for- 
bear remarking on the fact, that the person who it was alledged 
served the notice, was alive, and therefore might have been 
placed on the boards — tliere is not sufficient evidence of service. 
The plaintiff has no ground to stand upon, without showing clear 
proof of the service of the notice ; there is not sufficient evidence 
of the paper produced being arfac simile copy of that served on 
White — there might not have been sufficient time. That notice 
alluded to in the letter, might have been brought to White by 
his servant and not regularly served. You fail in your proof, 
Mr. Baity J and there must be a nonsuit. 

Mr. BATTY, quite irritated and indignant^ at the now 
apparent hostile and malignant feeling^ evidenced hy the Chief 
Justice, Sir Joshua Rowe (and which was quite perceptible to all 
the lookers-on in the Court-house-— several whispering to me, 
" You are done for ; you are in for treble costs— you will be 
non-suited; look at the Chief — he is determined to cast yoii,'* 
&c., &c.) exclaimed ^ " ^ciy, way, not so, your Honor ^ tte are 
not to be caught napping. A non-suit, indeed-~-nothing like 
that with such a case as ours. And then whispered something 
to Mr. Mowat, my solicitor ; after which he went on questioning 
and cross- questioning the witness 

Mr, MOWAT, having called me out, mentioned, that if [ 
would send off an express messenger on horseback to Buff Bay 
immediately, it being then a quarter to 12 o'clock, a.m., and so 
bring Mr. Brown over to Court ; that my Counsel would play 
out the time for the remaining part of the day, in questioning 
and cross-questioning ; and so, by that means, Mr. Brown might 
be ready at the opening of the court in the morning, to prove 
the service in person. Accordingly, I got a young gentleman, 
then present in Court, a cousin of my wife's, who offered liis 
services. I mounted him on my best horse, worth £70, and gave 
him the needful insti-uctions — it was 12 o'clock when he started 
— the distance is 40 miles to get there, over a bad, narrow, 
mountainous road, equal to 60 on a level road. He got to Buff 
Bay by 6 o'clock that evening, and hastened to Brown, who im- 
mediately prepared to depart, but, fearful to ride over the high 
mountains in the dark by himself, waited till 2 o'clock in the 
morning, for the other to accompany him. At that hour, my wife 
having given him another of my horses, worth £60, which 1 had 
left at Buff Bay, the two young men started off' together, and 
Mr. Brown was in Kingston just before the m,eetiny of the court 
in the morning, but his services were not then required, for it 



204 



so happened, that Mr, Batty on looking over his brief, whilst 
Mr, Middleton continued to question the witness, observed^ that 
on one or two occasions, Mr. White had assaulted me whilst he 
was not acting as a Special Justice, and so determined, in his 
own mind, immediately to take the case in hand by another 
tact. 

Mr. BATTY, to the Chief-^J find your Honor, that the 
defendant has not only degraded himself by assaulting the 
-plaintiff, binder cloak of his magisterial garb, but also whilst 
he was in the character of a private gentleman— not a very 
gentlemanly act, by the bye. 

THE CHIEF-^What then, Mr. Batty ? 

Mr. BATTY— What then! why your Honor, we tell you 
this, that, as your Honor is so very nice and particular to have 
the strictest legal proof for the Judge Stipe, we will not allow 
him to be a Judge Stipe at all ; we uill make him your Honor 
— I was going to say a private gentlemanr— Z>wi that we can*t 
exactly do, for he docs not appear to us to be a gentleman at 
all. We will however, with your Honor's permission, disrobe 
him of his Justiceship, and instead of entitling him. Special 
Justice WhitCj we shall call him henceforth plain Mr. White. 

THE CHIEF— Bui what will that benefit your case Mr, 
Batty ? you must still prove the legal service of the notice, be- 
fore we can allow you to go on with the action, 

Mr. BATTY — Oh! but I assure you, your Honor is quite 
mistaken (aside, to us standing at his back, *■ Old birds are not 
to be caught with chaff") there is nothing in the act that com- 
pels us to serve any notice on a private — I v. as going to say 
again — gentleman, but we say individual. 

The CHIEF'— Quite astonished-^changing colour-^Where 
is the act f 

IStiioltr, gott iniiaiittantjB; of ^nglantr,' 
holii Kxt nottt Courtjs of ajujesttce trejsfecrat^ 
ttr, i)2 ttvojsr of gour jSonsEi h)fiom ge ssmtir 
forth to forngn cUmtss, to toatcii obn* tHe 
tntercjEfts; of gour ijtotiverjs, antir to ^i%= 
IJtnsie 3fu0ttce unto tivottjJanDfiS. 

There was not an act in the Court-house but mine- — no, not 
one ; neither the Chief Judge had any, nor either of his three asso- 
ciates — the Attorney-General had none—- nor any of the bar- 
risters or solicitors at law : so that the Clerk of the Court 
had to exclaim — '' Your honor, there is none here'' Then I 
spoke to Mr, Batty, and handed him my act, which he immedi- 
ately handed up to the Chief — and so the Chief had now before 
him to assist him in the decision of this nice point—the very 
vvlamv which I us^d to take with me into the Buff Bay Coiirtr 



205 



house, and which the Daniels of St. George^ s so much dreaded 
— which, when the Chief had looked over, he observed to Mr. 
Batty, " Well, Mr. Batty, what do you to propose to make 
of this?" 

Mr. BATTY— Why, that having disrobed the defendant of 
his Special Justiceship, he is plain Mr. White, and so we have 
no call to prove any notice at all. 

At this there was a great whispering and general tittering 
throughout the court-house, A 7nost worthy friend of mine^ a 
clergy man J who had that very morning breakfasted by invita- 
tion, with the Chief Justice, came to vie and said, *' My dear 
friend," and shaking his head, '' had I not witnessed it myself, 
I could not have given credence to it; why, what have you been 
doing to the Chief ? he is determined to overthrow you ; you 
have an excellent counsel, but you must look elsewhere for 
justice, youHl not get it here, and squeezing my hand he said, 
farewell. 

THE CHIEF— We cannot see how you can do that, Mr. 
Batty ; but, of course you are at liberty to try ; we shall confine 
you strictly to proof; the defendant must not appear in the 
character of a Special Justice. 

Mr. BATTY— PTe shall clearly shew to the jury, that the 
defendant , when he committed those gross outrages upon our 
client, was not then in the execution of the act under ivhich he 
acted as a Special Justice. 

THE CHIEF— Very good Mr. Batty; confine yoa.'self to 
that, and you may go on. 

EDWARD C. BURGESS—demanded his expences, and 
received fivi pistoles — 'Sivorn-^was a constable of St. George's 
but am not one now ; was present in the court-house at Buff 
Bay, on the ISth January 1835; saw Mr. Sterne come into court 
with Mrs. Sterne; it was about 10 or 11 o'clock; Mrs. Sterne 
was summoned there by the defendant ; Mr. White would not 
let Mrs. Sterne give her evidence ; Mrs. Sterne said, she would 
like her evidence to be taken ; Mr. Sterne was anxious that 
Mrs. Sterne should be examined, but White refused to hear her 
evidence, and said, his mind was made up to commit Mr, Siemens 
apprentice, Clark, who had made the complaint ; and he sent 
Clarke to the house of correction ; White ordered Sterne out of 
court ; said he was a dangerous character, and he would not 
allow him to be in his court ; whilst there Mr, Siemens conduct 
was very respectful. 

(Here the Court interrupted the witness, as he was con- 
necting defendant's magisterial capacity with his private station 
in society.) 

Mr. MIDDLETON and Mr. BATTY both replied. 



206 



The CHIEF still maintained his determination to coniine 
them within the rule laid down, owing, as he said, to their fail- 
ing- to prove. due notice of the action. 

WITNESS resumed — I do not recollect exactly when the 
Court adjourned ; recollects when he was not sitting as a ma- 
gistrate ; he got off the bench, and walked up and down ; the 
Court broke up when there was no more business ; cannot say 
whether there was any case brought on or not ; it was a Tues- 
day. Mr. Sterne returned ; White was then off the bench, 
walking up and down ; it was about raid-day ; can't say particu- 
larly who was with him ; thinks Mr. Fishburne was walking up 
and down with him ; he asked Sterne what he wanted there ; 
said he had told him he would not have him there ; White or- 
dered him to quit ; and told the police to take him out. 

(Here the witness was again stopped by the Chief, as he 
was again speaking of the defendant as a magistrate.) 

Mr. BATTY contended he was not travelling out of liis 
I ourse. 

WITNESS continued — He (witness) was in the habit of 
attending the Special magitsrate's court ; he was a constable of 
the parish ; it is not usual to make any special adjournment of 
the court ; no more business was done after he was thus walking 
about on that day ; he cannot remember that any business was 
done : never saw White in the special magistrate's chair after 
on that day ; the court house was being closed up at the time ; 
this was the usual day for holding the court ; the police obeyed 
White ; they took Sterne by the shoulders, and forced him out; 
Sterne had a great deal of patience, and was very respectful 
in his demeanor ; can't say what reason White had in turning 
Sterne out on this day ; White is generally very abrupt ; Sierne 
had given no cause. 

The CHIEF, to witness — Are you sure the Court was ad- 
journed or not ? 

WITNESS — / cannot say. The police violently obeyed 
White's orders ; they took hold of Sterne, and turned him out. 

The CHIFF — The Court are of opinion, that the special 
adjournment of the Court must be clearly shewn, before we can 
allow it to go to the Jury. 

EDWARD E. FISHBURNE, Esq., a special justice, pre- 
vious to being stvorji, demanded his expenses ; four pistoles were 
awarded him by the court, which Mr . Sterne immediately paid ; 
does not exactly remember the date of the Tuesday in January ; 
sat as a magistrate on the bench with Mr. White on the day in 
question before the court, at Buff Bay ; does not remember 



207 



when tlie court atljourned ; it rvas after tnelve o^lock, but not 
later than 3 ; there is no particular form of adjourning the 
court ; was not much business that day ; when the court ad- 
journed I went out ; was present when White was walking about 
•^ — no business was going on then ; they are bound to attend the 
whole day ; myself and White were walking up and down ; do 
not remember of any business having been done after ; the court 
is kept open all day for public accommodation. 

Mr. BATTY — YoVr-de not stop there at night, surely ? 

WITNESS— .Vo; I go to bed (laughter) ; Mr. White was 
walking about, waiting if there was any more business to come 
forward ; can't say who was in Court when Sterne returned ; 
witness was walking up and down with Mr, White ; Siemens de- 
meanor was perfectly respectful ; Sterne returned about tivo 
o^clock ; cannot recollect exactly the hour ; it was between I 
and 3 ; the Court house was still open ; has no knowledge when 
the court-house was closed ; was examined on the last trial ; I 
do not remember if I stated the Court was adjourned before 
Sterne came in ; I did not consider that adjournment ; I left the 
bench, for there was nothing before me ; I left the Court, and 
came back again ; White asked Sterne, what brought him 
there ; and he told Sterne not to come there again ; 1 do not 
remember any thing of the 3rd February ; I can't charge my 
memory freely of Mr, White ; his conduct was very violent. 

The CHIEF — The Court are of opinion that, during the 
whole of the day, the magistrates were acting as magistrates, 
whether business was actually before them or not, and that you 
have no evidence as yet to go the jury on the first count. 

Mr. BATTY contended that his case was a very good one, 
and that he had full proof for all the outrages. 

t). M. SOLLAS, Esq., called up ; claimed his expenses ; 
£S was awarded him by the court, and paid by Mr. Sterne ; he 
was then sworn : was not in the parish on either the 13th or 20th 
January ; was present in the court-house at Buff Bay on the 
Srd of February ; it wasa Tuesday, which was the usual day 
for Special courts ; there was no business expected ; White was 
there ; and Sterne came there ; Mr. Sterne came in after I was 
there ; I can't say what he came there for ; White ashed him 
what he wanted there ; if he vjanted any thing with him, 
White j Sterne said, not immediately, your worship; White 
said, then^ sir, walk out ; Sterne said he had come there for a 
warrant for a petty debt under the act ; While again ordered 
him out; Sterne leant on the bar rails ; White, finding he did 
not go out^ then ordered the constable^ Mr, Edward C. Burgess, 



208 



to put him out ; Burgess seemed diffident — did not execute the 
order immediately^ but went up to^ and advised Sterne to go out. 
Mr. Sterne remained stationary where he was ; White then 
again ordered the constable, Mr. Edward C. Burgess , to put him 
out ; I vjill bear you harmless — I have the Governor's authority 
to keep him. out ; and, if you are fond of law, I will give you 
law ; whereupon Burgess laid hold of him, and dragged him 
out ; Mr. Burgess returned ; every thing was perfectly re- 
spectful in Mr. Sterne''s behaviour ; witness is quite sure White 
said he had the Governor's authority ; hearing of the action that 
Sterne was going to send him in the month of April, White told 
witness that he had received notice of the action from Sterne ; 
White then authorized me to see if I could make up the matter ; 
he regretted the circumstances ; I had a conversation with Mr. 
Sterne, and Mr, Sterne was satisfied, upon his writing a letter 
of apology, to be dictated by myself, and which White agreed 
to. Some few weeks elapsed, and the last day of summoning was 
fast approaching. Sterne called upon me for the letter ; White 
refused to give the letter. Sterne was doing nothing at all when 
White turned him out of his court ; White had neither cuft's nor 
collar on ; there was no police ; there were no complaints ; Mr. 
White, the witness himself, and his son, were sitting chatting 
together ; White did not act that day as either a special or local 
magistrate ; is sure White was there as a private individual ; 
is sure White was not there in his magisterial capacity , when 
he had Stertie put out. 

MOSES MENDES SOLLAS, recalled^— Was present at 
the court-house on the 3rd of February ; there was no court 
held that day ; Mr. White came down to see about some infor • 
mation from the Birnham Wood constables, relative to a memO" 
rial from the Rev. Mr. Bolton, which had been sent to the 
Governor, against Mr. White ; Mr. White was shewing me this 
memorial, and mentioned his intention to ride up to Mr.Baugh's 
to get some affidavits on the subject ; Mr. White was not acting 
as a magistrate that day ; he had neither cuffs or collars on ; 
Mr. Sterne came in and leant upon the bar rails ; White then 
got up and walked up and down ; he attacked Sterne to know 
what he wanted in his court ; Mr.Sterne replied, you are hold- 
ing no court, sir, and I have as much right to walk here as you 
have ,• Mr. White said, if you are fond of law, I will give you 
law ; constable, take him out. The constable hesitated; White 
said; he would bear him harmless — " I have the Governor's au- 
thority to keep him out of my cour t; " Burgess then laid hold 
of Sterne and took him out of the court ; White was rather 
warm, he spoke in a loud voice, and quite abruptly. Being on 
friendly terms with both Sterne and White, / remonstrated with 
Mr. White as Sterne had committed no fault j he told me he 



209 



had the Governor's authority to keep Sterne out ; I did nc 
hear any blackguardism. Wliite then left the court-house ; nc 
court had been held; White came down on his private business ; 
is sure of it ; he had on a Hack coal, no cuffs or collars. I 
was present on the 20f/f, between 10 and 11 o'clock ; there was a 
great many persons present ; Mr. Sterne's furniture was for sale 
on that day ; it was a Tuesday ; Mr. White was in his seat at 
this time, as a Judge : Sterne came in; White made the police 
turn him out. 

THE CHIEF objected to enter into further evidence of 
that day^ and observed^ that all the counsel could go to the 
jury with was simply the fact, that Mr, White turned the 
plaintiff out of his court on the 3rd of February^ and lamented 
that the matter was not arranged by some mutual friend of the 
parties, 

THE COURT then adjournedior a quarter of an hour. 

DURING the time the court was adjourned, an attempt 
was made to compromise, by some of the friends of Mr. White 
which Mr. Sterne agreed to accede to, pro^iding tliey wouh 
pay his costs between them. The Honorable John Bell, in thi 
instance, shewed a better feeling than he had all along done ;. foi 
became forward and offered to subscribe £20 towards it; Dr. 
Maxwell, £5 Qs,\S>d. ; one of the defendant's Counsel, Mr. Panton, 
£5 65.8(7.; and some others also; hut Mr, John Nethersole, 
although he wanted to make it appear that he was the friend of 
both, opposed the compromise, saying, " let il go to the jury ; 
I will not give one fraction 

THE COURT RE-OPENED— DEFENCE. 

Mr. PANTON, at great length, addressed the jury. Before 
calling his witnesses in defence, he stated, that an attempt had 
been madje to compromise, but he regretted that it l^ad failed 
The defendant he represented as being absent, and so, of course 
he could not consent to a verdict. He is an old Officer, gentle- 
men — ^has fought the battles of his conntry, under the British 
flag. Gentlemen, my learned friend has appealed to your feel- 
ings, and has represented his conduct as outrageous, gross, ana 
oppressive: but, gentlemen, what has he succeeded in proving? 
Why, nominally nothing; for you must look only to the 3rd oj 
February. The court has already decided that they cannot go tc 
you, for any act done whilst in his magisterial capacity ; anc 
now, gentlemen, look to the honourable feelings of Mr. White 
No sooner was there a quiet remonstrance made to him, than h« 
agreed to apologise. T doubt, gentlemen, whether you c^n 
under these circumstances, give a verdict against him at all : a 
all event?, should you give one, let me entreat of you not to le 
2 D 



210 



it exceed forty shillings ; for if you do, gentlemen, you wiJ* 
saddle Inin with all the heavy costs of the plaintiff, who ough< 
to have rested satisfied with the apology, Mr. White, gentle- 
men, is an unfortunate person — he has been dismissed from his 
special justiceship, merely because he was faithful at his post ; 
he has left your Island, and has no one here to represent him. 
His circumstances are not wealthy — he is but a poor man, with a 
faisiily — he has nothing to depend upon but his half-pay — and so, 
if you give a verdict of ten .pounds, it will not be the ten pound* 
only, gentlemen, but it will carry costs with it, which will amount 
to hundreds, and so you will ruin him, and, perhaps, send him to 
jail for life. Forty shillings, gentlemen, is the extent of the 
damage sustained ; for look at the provocation which Mr. White 
received. Sterne used to go to the Court with law books under 
his arm — lay them on the table — mend his pen — take notes— lean 
upon the bar — grasp the rail^j — look the judge in the face—and 
so regularly beard him. Gentlemen, if you give him any thing, 
you must give him the smallest coin in the island. Mr. White 
intended to act as a magistrate on the Sd February, although he 
might have been mistaken ; he must thank the Governor for it ; 
it was tinder those orders that headed, however wrong he might 
have been. The Learned Gentleman now proceeded to call his 
witnesses. 

EDWARD E. FISHBURNE, Esq., recalled on the de- 
fence — Is a special justice for Saint George's; White used to 
go every Tuesday, except when the rivers were down; the ar- 
rangement between them was, that one or the other should 
attend at Buff Bay on that day ; I am aware of the usual dress ; 
White never wore the usual cuffs and collars ; he had the dress 
of a naval officer ; I never got any special instructions about 
dress; I witnessed Sterne's conduct on the \3th ; I sat with 
Mr. White that day as a judge ; Mr. Sterne's demeanour towards 
Mr. White, while sitting as a magistrate, was peaceable, quiet, 
and respectful. I thought that Mr. White's conduct towards 
Mr. Sterne was very violent ; and I told Mr. White that I con- 
sidered his conduct was very violent and insulting ; there's no 
form for adjourning special justice's courts ; heard Mr. White 
say to Sterne— you have bee7i reporting me already to the Go- 
vernor, and you may do so again; White spoke louder than 
usual; he said — "Turn him out; turn the fellow out." 
White made more noise than any body else ; was not present 
on the Srd February. 

ROBERT DLNBAR is Clerkof the Peace for St. George's, 
and Coroner for that parish ; Tuesday is the Court day ; after 
saw Sterne in the Court-house, he sometimes takes his law-books 
there and paper, pen, and ink : he takes notes j / cannot speak 



211 



much as to his general demeanour ; on one occasion he was very 
disrespectful ; I have seen Sterne very disrespectful in his con- 
duct towards the magistrates ; / have not had an oppGrhtniiy 
of seeing his general demeanour ; I have never seen him fre- 
quently with White ; was not present on the 3rd of February. 

Mr. ATTORNEY-GENERAL to witness^Do you not re- 
collect something of Sterne's threatening Mr. White? 

Mr. BATTY — I object, your honor, to that question. The 
witness knows nothing of the case ; he ivas not present on the 
3rd of February. 

THE CHIEF — •/ can see nothing in your objection ; if Mr. 
Sterne threatened Mr, White, it may go in mitigation of da- 
mages. 

QUESTION again put to witness. 

W'lTNESS— / heard of this, as from Sterne, as to what he 
would do to White ; White heard the threats ; the threats were 
calculated to awe Mr, White in the discharge of his duty — the 
threats were that he, Sterne, was there to watch Whitens con- 
duct, and would do so narrowly ; and that he was supported by 
a powerful party in England — more powerful than White was 
aware of ; Mr. White said, you have reported me already, and 
you may do so again; Sterne said, I have not reported you, 
but I mill do so now ; Sterne might', have alluded to the com- 
mitment of his apprentice. I once remonstrated with defen- 
dant on his conduct towards Mr. Sterne; it did not meet 
my approbation ; when apprentices were tried, White did no- 
thing that he was aware of to be wrong ; I heard White order 
Sterne to be turned out ; / saw Sterne turned out. 

JOHN NETHERSOLE, Esq.— I know something of this 
business, both by letters and conversation, from both parties ; 
Mr. Sterne requested me to get reparation from Mr. White ; 
and on the occasion of some goods which were lost, I was agent 
of both Sterne and White ; that led to the interview that fol- 
lowed ; I saw White regarding it ; remember hearing from 
White, that he did not attempt to hold Sterne up to ridicule ; 
Mr. White related all the particulars to him, witness, about it ; 
witness assured Mr. Sterne that Mr. White had no bad inten- 
tions ; Mr. Sterne said, all he desired frOm Mr. White was a 
letter from him, to be submitted to his, Mr. Sterne's friends, de- 
claring he had no bad intention in acting as he did, or to hold 
kim, Sterne, up to ridicule: White was ready to give it, and was 
about writing the letter, when Sterne said he intended to pub- 
lish it, and send a copy of it to the Governor ; witness refused 
to give it in consequence ; some time after this, Mr, Sterne sent 



212 



0ut the action, and Mr. White wrote to witness, to say he in- 
tended to give the letter, hut witness advised him not to do so ; 
White was always ready to give the letter ; but he did not give 
it ; Mr. Sterne said money was not liis object ; he only 
wanted to shew his parishioners he would not be trampled upon. 
The following letters were put in by plaintiff, and acknowledged 
by the witness to have been written to the plaintiff; they were 
read to the Jury, and ran as follows : — 

LETTER \^^{Extract.) 

" Kingston, 2lst February, 1835, 
*' Dear Sir, 

*' Your favour alluding to Mr. Wilson, and 
Mr. Whitens goods, 1 fear will he attended with unpleasant re- 
sults, as regards expenses at law, unless arranged by a friend 
of both parties, taking the merits of the case in question, with- 
out reference to feeling 

I am, your^s, ffc. 

JOHN NETHERSOLE, 

To Mr, Henry Sterne, Buff Bay, 

St. George^s. 



LETTER 2.—{Ea;tract.) 

'^Kingston, 21th February ^ 1835, 
'* Dear Sir, 

" Our Mr. N. regrets your 'perfect ease,* 
and, without further preface, begs to state, that as J. N. and 
Co. were the shippers of the goods lost, they are parties to the 
grievance complained of, and repeat their recommendation to a 
reference to parties in no way connected with the affair, to 
arrange and decide between Mr, White and Mr. Sterne, in 
whose possession the whatf was at the time, and by whose 
order was not allowed to be stored. 

We are, dear sir, your^s truly, 

JOHN NETHERSOLE, & Co. 

To Henry Sterne, Esquire, 
Buff Bay. 



LETTER 3. 

Look hack ot page 202, already read, and now read again. 



213 

LETTER 4. 

Kingston, 2Sth April, 1835, 
Bear Sir, 

I wrote you on the 10th inslant, respecting 
the arbitrating for the goods lost to the address of Mr, White, 
Buff Bay, and will he obliged by your stating if you have fur- 
nished Mr. Sarfaty with written instructions to proceed, as Mr. 
Silva is ready to act on the part of Mr. White ; and I am, yours, 

JOHN NETHERSOLE. 

To Henry Sterne, Esquire, 

Buff Bay. 



LETTER 5. 

Kingston, 2nd May, 1835. 
Dear Sir, 

I have received your favour of the 28th April, 
and in noting your observations, THAT *^ I decidedly declined 
any interference in Mr. White's affairs," beg to state, I DID 
SO ONLY in so far as r<^grards the actions of yours against 
Mr. White ; but I deny the circumstance of the loss of the 
goods by your means, having been alluded to at all, and my 
application was confined SOLELY to that point, when I ad- 
dressed you last post ; however, as I feel Mr. White has a claim 
on you for the injury he has sustained by the loss of his good?, 
by )^ur having ordered them from the wharf to gi-atify your 
own private spleen, as stated in your letter to me, dated 25th 
February, I have only to regret its continuance on your part, 
And am, your obedient servant, 

JOHN NETHERSOLE. 
To Henry Sterne, Esquire, 
Buff Bay. 



Witness continued-— Notwithstanding these letters, be per- 
sisted in stating that he considered the matter had been ar- 
ranged. He acknowledged that the conversation in which 
Sterne agreed to accept the letter, was before the notice of ac- 
tion, or the action itself, had gone forth ; and the letter never 
was written. 

Mr, Nethersole next stated, lliat he had a conversation with 
Sterne, in which he said to hira — " Good God ! as you have de- 
clared you have no wish to aggrandize yourself at the expence 
©1 Mr, White, why pursue hira in this manner? he has already 



2 14 



]o8t bis commission as a Special Justice, and all that is now left 
hiiQ is his half pay; would you deprive him of that? will you 
ruin him? Mr. White has a wife and family, and believes he has 
nothing but his half pay. 

Mr. ATTORNEY-GENERA.L nowvery feelinyly addressed 
the jury^ and represented it as a spirit of malignancy on tlie 
part of the plaintiff in bringing this action for the purpose of 
oppressing a poor man, and laid great stress on the circumstance 
*of Mr. Nethersole, declaring, that a private apology was at 
first said would be an ample recompense to Sterne, for the 
amount of injury he sustained. He observed, that the mutual 
friend of the parties hoped the jury would not assist the poiver- 
ful party at home, who^ Sterne boasted, were supporting him. 
The Learned Gentleman passed a very high encomium to the 
memory of — as he termed it — .the meritorious judicial conduct 
of Mr. White ; and hoped the jury would give the smallest 
coin current in Jamaica, as a compensation for the imagined 
injury done to the plaintiff by defendant ; and strongly called 
upon the jury not to add further strength io the powerful 
" party at home,^^ by their verdict this day. What, gentlemen, 
do I not see — and do J not norv address — a body of planters 
in that box ? — and will you^ gentlemen, allow it to be said of 
you, after you have'quitted that hox, that you have strengthened 
the enemies of your country — that you have crushed the 
special magistrate — be who has already, as Mr. Nethersole has 
told you, lost his commission as a special justice ; — and for 
what, migbt it not be asked, gentlemen ? Why, for his zeal in 
your service — -for his indefatigable assiduity in promoting your 
interests. Mr. Sterne openly avowed to injure White in his 
Courts I he stated he went to his Courts to watch bim — to spy 
him out, and to report liim. It is your duty — nay, it is your 
interest, gentlemen, to stand between the absent Mr. White 
and, the plaintiff. Arc you going to support Mr. Sterne, who 
is backed by a faction at home — a powerful party, who are the 
enemies of your country , and so crush the special magistrate, 
who is your most zealous friend. If you give a verdict in favor 
of the plaintiff' for this most frivolous affair — 1 call it frivolous, 
gentlemen, for the Court will tell you that you are to look to 
nothing but the simple turning oiit on the 3d of February. And, 
gentlemen, the plaintiff had no business to bring this action — ^he 
had sustained no injury ; and, for the imaginary injury he had 
sustained.. Mr. Nethersole tells you Mr. White was ready to 
make every reparation. Gentlemen, I say again, if you give a 
verdict in favour of the plaintiff, you will saddle the already 
ruined Mr. White with many hundreds of pounds for costs-^ 
you will take from him his half -pay, for which he [has fought 
for his King and for his country— nay, for you, gentlemen, under 



215 



ike valiant British flag ; and he must finally go «oj«i/, instead 
of still being at large to serve his country. But, on the other 
hand, if you merely give a nominal verdict, the plaintiff, though 
you may consider him injured — will not he the loser — no, not of 
a single dollar. Gentlemen^ believe me it will not come from 
his pockets — hut it will all be repaid him by this poiverful 
party, your enemies at home. I pray you, therefore, to con- 
sider — to weigh the matter well, before you decide your verdict, 
and do not deliberately injure your own cause. The address 
of the Attorney -General occupied the court upwards of an hour 
and a half. 

Mr, BATTY replied, complimenting the Attorney General on 
the length^and eloquence of his address, but he declared it left 
him in a complete chaos^ as he did not understand one third the 
Attorney General had said in the course of his speech. Mr. 
Batty, in alluding to Mr. White, stated, that he had received 
his education on a man of war's deck, where he could order a 
man off his deck, or put him in irons for disobedience of orders, 
but unfortunately for him, the sailor was out of his element, 
and he hoped the jury would, by their verdict, convince him 
that the liberty of his Majesty^s subjects was sacred. 

Mr. Batty recited the particulars of the evidence adduced 
during the trial, declaring, that this was a complaint of a 
serious and aggravated nature, committed against the plaintiff 
and entitledhim to heavy compensation in damages. He alluded 
to the circumstance of the defendant as an officer, as a gentle- 
man, and as a judge ; most falsely and barefacedly asserting 
that he had the authority of the Governor for acting as he had 
done, and of terwards acknowledging, that he had no such power 
delegated to him. 

Gentlemen, let me impress well upon your minds, the im- 
portant fact of either your own, or the plaintiff's right, of freely 
entering a court of justice ; it is a right handed to you from 
your fathers, and should be as dear to every Briton as his birth- 
right. And let me tell you ; that no court or judge whatever has 
the authority and power to admit or exclude whom it pleases. 

Gentlemen, it is not necessary to shew any specific dfunagc 
arising from the trespasses to the person, although in this case 
rve could shew you a multiplicity of evils — did not one of the 
witnesses tell you, that Sterne had become a marked, man in 
the parish, in consequence of the indignity with which he was 
treated, by this favorite and powerful magistrate; who backed 
his insults, by falsely declaring he hud the authority of the 
executive, to drive Sterne as a spy from his courts. Gentlemen , 
Task you, what greater injury cculd possibly he done a mart, 



216 



and he a man of family tou^ than to represent him amongst hi, 
neighbours and parishioners a^ a spy, as an enemy to his coun- 
try, and n-e all know in what light a spy is looked tipon, every 
where ; iji some places, gentlemen, itvjould be thought too good 
to hang, draw, and quarter him — and yet^ gentlemen^ this is 
what my learned friend tells you is a frivolous action. Was 
not Mr. Sterne perfectly right in holding out for his letter of 
apology — and would he not have heen perfectly jHStified in 
making such public ? Was not Mr. White's indignant treatment 
done to him in the most public manner? and, I say, gentlemen , 
that it was liberal, that it was manly, that it mas independent 
and noble in Mr. Sterne, in agreeing to be content with a simple 
letter of apology, after all such ill-treatment. 

It is all a farce, it is all a bugbear, gentlemen, tor yon to 
listen to the very feeling display of my learned friend, Mr, 
Attorney-General, and the witness Mr. John Nethersole — they 
had it ill their poicer, time after time, to put a s^top to tk^ 
extraordinary expensive suit, simply by giving the letter re- 
quired, and ivhich the witness declares, Mr, White teas a/? 
along nilling and ready to give, but for his pretended friendly 
interference ; I say pretended, gentlemen, because, even this 
very day migh.t have put an end to all, and might liave preven- 
ted further exposure — you have yourselves witnessed from that 
box, an attempt made an the part of some of Mr. White's 
friends to pay up the costs, and be done with it— but this 
particularly feeling friend of Mr. White's, vrhom you heard 
telling you with seeming abborence, what ruin the plaintiff was 
about to inflict upon the unfortunate Mr. White and bis familj ; 
he, gentlemen, has been the preventative, and while others 
were ready to cast in their pounds, he would not cast in his 
mite 

Gentlemen, both of the learned counsel have told you, or 
in effect have admitted, that a verdict mu^t go against the de- 
fendant ; notwitbstanding the courts having decided that for 
ihe want of notice, we could not go into the facts, done by White 
as a magistrate, when sitting in that capacity. 

Gentlemen, in consequence of this very harsh decision of 
the court, we have been unable to do our client justice in this 
cause, and I most warmly deprecate this decision of the court ^ 
because this is merely a new trial of the case granted by the 
court, and the same evidence they allowed on the last trial, 
they were bound to have alloiced in this ; but, gentlemen, you 
have yourselves witnessed the very arduous fight we have had 
of it, notwithstanding we had brought' up, gentlemen, 15 wit- 
nesses, to have opened their thunders here to-day, but by thia 
determined stand of His Honor we have not been able to bring 
forward but four. 



217 



The court has ruled, that the plaintiff should confine his 
arguments to what took place on the 3rd of February, whereas 
it has allowed Mr. Attorney -General to place before you, 
evidence from witnesses, who were neither pre sent, or knew 
ought about that day — Look to Mr, Dunbar's evidence, he de- 
clared he was not present, yet the court allowed him to answer 
Mr. Attorney-GeneraVs questions, in oppositionlto our objec- 
tions — and tliere, gentlemen, if you avIII believe what he has 
said, and what my learned friend has represented his evidence 
to be, you will, indeed, be doing great injustice to my client, 
and a positive injury to yourselves — Mr. Sterne, gentlemen, is 
your friend ; in defending his own rights, he is defending yours; 
he is no enemy of yours, he has no powerful party to back him — 
he is an injured, honest man, he is only standing for his rights, 
he has come forward single-handed in this cause, and in your 
protecting him, you only protect yourselves. 

Gentlemen, the court has ruled that on the 13th of January 
Mr. White was acting as a magistrate after the adjournment 
of the court. 

The court has decided tliat there was no adjournment. 

The court refuses to allow the plaintiff to go to the jury, 
either as to whether a trespass had been committed on the 13th 
January, after the business of the court had terminated, or 
not. 

Gentlemen, I do say, that there was sufficient evidence to 
show that a trespass was committed on the plaintiff, after the 
cessation of business on the ISlh. 

Gentlemen, continued the learned counsel, impressing upon 
the jury, the importance of this cause, I claim at your hands a 
handsome remuneration, in damages, for my client. 

The CHIEF JUSTICE, Sir JOSHUA ROWE, now sum- 
moned up, making comments as he proceeded. He directed the 
jury to let their attention rest solely on the trespass said to 
have been committed on the 3rd of February — We have no 
evidence on the point, for either the I3th or 20th January — On 
these two first days of alledged trespass, the court are of 
opinion, that the defendant was in the execution of his duty as 
a special Justice, and as there was no sufficient evidence of the 
notice of action having been duly served, the plaintiff was 
stopped by the court from giving evidence of any trespasses on 
these days. 

I must also observe to you, gentlemen, with regard to Mr. 
NethersoWs evidence about the accommodation, Sfc, if it had 
been at the first put upon the record, it would have been at 
2 E 



218 



Qnce an answer to the action. My observations will be verj 
few — a special justice's court is an open, and a public court; and 
they have no riglit to turn out whomsoever they please, and yet I 
must inform you that a special Juslice has ftdl power to turn out 
unruly persons. Gentlemen, 1 fancy I need not tell you, that 
Mr. \Vhite had a very arduous duty to perform as ai special 
Justice, in Saint George's. Special Magistrates must be sup- 
ported^ gentlemen ; but, if you consider the special Magistrate 
has done that which is not right in this instance, you must find a 
verdict for the plaintiff; in point of fact, it is a simple question 
of A and B, between Mr. Sterne and Mr. White, 1 am bound 
to tell you, that Mr, White had no authority to turn Mr, 
Sterne out of his court, yet Mr. Nethersole shons yoti^ that Mr. 
Sterne ivas perfectly satisfied with the letter — I must however 
remark upon the defendant's conduct^ that when a person re- 
monstrated to him, he told him he should have law for it, and 
that he had the Governor's authority so to act — Gentlemen, I 
must say, that any one who knows the Governor, will not suppose 
for one moment, that he could have given Mr. White such 
authority. 

Mr, Dunbar tells you, gentlemen, that there n-ere threats 
used to Mr. Wliite upon the bench, by the plaintiff ; that the 
plaintiff openly avowed himself to he the agent of a very power- 
ful party in England, and that he attended at his courts, 
purposely to watch and report of him — who that powerful 
party is, that is so alluded to, it is impossible for us to deter - 
minCj but the evidence is here for your consideration. 

Mr. BATTY, really, your Honor, I cannot quietly allow 
such to go to the jury — we shall be bound, in justice to our client, 
to tender a bill of exceptions — we contended, and do contend. 

1st THAT we have given sufficient proof of the notice. 

2nd THAT no notice was necessary, as these acts, perpe- 
trated by the defendant, were not perpetrated by him rvhilst 
he was tmder the protection of the act. 

But these facts your Honor has overruled, and thus shut 
us out from giving any evidence of the acts done by White ^ 
while he was sitting as a magistrate. 

And yet your Honor is no vj sending to the jury, the evi- 
dence of Mr, Dunbar, of the threats of Sterne to White on the 
bench — at once admitting the effect of evidence, on the part of 
the defendant, of facts before the 3rd of February, from 
which the court has excluded us. 

The CHIEF — There is evidence of these facts before us, 
Mr, Batty, and v)e have right fn rnmmrn^ generally on the 



219 

conduct of Mr. Sterne tov:ards Mr. White — and these threats 
to awe the magistrate w his duty, being such an important 
fact, we think proper not to keep from the jury, as it may 
serve to m,itigate the amount of damages. 

And now, gentlemen, continued His Honor, addressing the 
jitry, to be very brief, We believe there was bad feeling on both 
sides, and -mutual acts of aggression, (still alluding to the 
tlireats and evidence from which tlie court had excluded Sterne) 
lam bound to tell you that it will be your duty to find for the 
plaintiff, but the amount of damages is left entirely for your 
consideration. 

The jury retired at half-past six o'clock, when the court 
immediately adjourned. 



THURSDAY, 14th APRIL, 1836. 
THE COURT. 

His Honor, <^tr SlO^tlUa I^Oto, Knight, Chief 

Justice, &c. with his associates ^UtllOng BabllS, and 

CiSE* ^* i^iUS) Esquires, having taken their seats on the 
bench 

The JURY, who were locked up the preceding night, in 
the action of STERNE v. WHITE, came into court and an- 
swered to their respective names, delivered their sealed verdict 
for PLAINTIFF — Damages 20s. without costs. 

THE COURT informed the jury, that they had nothing 
whatever to do with costs, as that remained alone in the province 
of the court. 

Mr. PANTON, for the defendent, tendered the 20s. in pay- 
ment of the verdict, to the court. 

The COURT remarked that it must go through the proper 
officer. 

Thus ended this most ruinous, and expensive lawsuit in 
Jamaica, and finding it useless to attempt any thing further, 
there, 1 forbid my counsel from entering up a bill of exceptions, 
telling them I was determined to proceed to England, and lay 
the matter before the government at home. 



220 



*' I will a plain unvtirnished tale deliver." 
In consequence of the foregoing trial , tlie following were the 
Editorial Remarks of the Jamaica Dispatch and New Courant 
Newspaper, in anticipation of the Jury''s verdict, for as yet 
it was not known, they being locked up. 

KINGSTON— THURSDAY, 14th APRIL, 1836. 



The case of Sterne v. White 
late Special Magistrate, occu- 
pied the Court during the whole 
of yesterday. A warmer day we 
have seldom encountered, and we 
witnessed, with astonishment, the 
patience with which the Bench 
listened to the thrice-told tale of 
a tri-fold attempt to destroy 
every prospect the late Stipen- 
diary has of providing for his 
family. 



The Editor's remark of the 
warmness of the debate in court, 
was perfectly just. It ivas one 
scene of a most unjust attempt 
on the part of the Chief Justice to 
overthrow^ by arbitrary autho- 
rity, my right of appeal for jus- 
tice, and but for the independent 
and determined stand of Mr, 
B^itty^ he would have accom- 
plished it. 

But if the valiant Editor had 
studied the real interest of his 
friend Mr. White,for whom he la- 
boured through thick and thin at 
all times, he would not now have 
so unhesitatingly come forward 
at my expense to do so ; for he 
cannot plead ignorance of the 
fact, that every thing had been 
done on my part, consistent with 
honor, to put a stop to expense 
or exposure, (see page 194,) 



Mr. White belongs to a noble 
and generous profession, and his 
conduct was manly, straightfor- 
ward, and humane, whatever his 
enemies may say to the contrary. 



That Mr. White being an of- 
iicer in the Royal Navy^ and 
thereby belonged to both a 
noble and a generous profession, 
no one will attempt to deny- But 
if his conduct is to be considered 
either manly or hxtmaue in 
consequence of his being so con- 
nected, after having acted the 
various parts charged against 
him in this volume. See pages 
32, 77, 78, 85. Then good bye 
to either title of nobleness or 
generosity, in that prpfession. 



221 



"^'hen he assumed the duties 
of Special Magistrate in Saint 
George's, lie found the negroes 
of his parish in a very unsettled 
state, and his energies and per- 
sonal activity were kept in ope- 
ration for a short period. He lis- 
tened with the utmost patience 
to the complaints of the blacks, 
redressed their wrongs, and he 
punished the refractory ; but no 
one ever dared to say that, in any 
one instance he exceeded the 
law, or carried his duty on in 
secret. 



No, he did his duty so fairly 
and fearlessly, that the appren- 
tices knew so well he would af- 
ford them justice, that his award 
with them was final : and his ab 
sence from the parish, antl dis 
missal from the magistracy, rvas 
to them a source of sincere re- 
grot. 



That he listened with the ut- 
most patience to the complaints 
of the blacks, &c,, I will not say 
is a deliberate'falsity, because, 
in some few instances, he may 
have done so ; but that he made 
a practice of so doing, I posi' 
tively declare to be foreign from 
fact, as T have myself been 
present when he acted th e very 
reverse ; the poor xinfortunates 
not daring to open their mouths 
in their defence, but were at once 
hurried off for punishment, 
without any investigation as to 
Tvhether they v:ere really right or 
wrong. And as to his ha\'ing in 
MO one instance'exceeded the law, 
I refer my reader to page 32, to 
read my memorial, addressed to 
his Excellency the Governor. 



If tbis were the fact, wby then 
did he, witb sucb venom and 
caution, so constantly expel me 
from his courts ; I give his own 
words by way of answer, which 
he used to his associate, Mr. 
Fishburne. See page 82. *' The 
fellow will watch and report all 
yo%ir proceedings ^^^ or the re- 
marks of the Watchman Editor 
on the subject. See page 91, 
And why, also, the rejoicings, and 
united thanksgivings of the poor 
blacks, referred to in page 81. 



The cause of his dismissal we 
shall not now advert to, as it has 
been so frequently before the 
public ; but we shall not omit 
the opportunity of stating, that 
it was entirely owing to the re- 
presentations made against him 
lor the private infonuation of his 
Excellency the Governor. 



I also need not advert to it, 
for it must now be obvious to the 
reader, that the causes were in- 
deed great, when the whole of 
my very strong representations 
were passed by, and unheeded 
by his Excellency. 



222 



On the discovery of this sys- 
tem of espionage, is it surprising 
that when Mr. White found 
Mr. Sterne again in his Court, 
he should demand his business 



The specialmagistrate's court, 
like all others, we know to be an 
open one for the reporters of the 
press, as the public have a gu- 
arantee that the proceedings 
will not be misstated, for obvi- 
ous reasons ; but we do not think 



If Mr. White was in the habit 
of doing his duty so fairly and 
fearlessly, as Mr. Editor would 
wish the public to believe. 
What need he fear of espionage 
— he would rather have courted 
it, as the Watchman Editor ob- 
serves, at page 91. Saying nothing 
about my public declaration, as 
all the witnesses on the trial al- 
lowed that I made, *' That I had 
never so reported of him,''^ 



If the reader will only turn to 
the evidence of Mr. Dunbar (p. 
211), he will see the language 
made use of by him to be quite 
different to what either Mr. At- 
torney-General, the Chief Jijs- 
tice, or the Editor of the Dis- 
any magistrate can be censured! patch has thought proper to re- 
for preventing the hired spy of [present it to be. The witness 
any society from reporting pro- j does not give it as a direct fact, 
ceedings only intended for a but these are his direct words, 
party, whose object is not the as taken down by Mr. BATTY, 
truth, but misrepresentation in on my brief. " I heard of this 
any shape; and Mr. Sterne, i^sl as from Sterne, as to what he 
will be seen by the evidence, has I u-oM^d c?o to White. But both 
avowed himself *' the agent of al Mr. Attorney -General, as well as 
more powerful parly in Eny(and\the Chief Justice, have disgraced 
than we are aware of." \ themselves in wilfully misrepre- 

jsenting the evidence to the jury, 
or, in permitting that witness's 
evidence to have gone to the jury 
at all, as he knew nothing what- 
ever of the 3rd of February. 



The knowledge of this import- 
ant fact came in time, it is to be 
hoped, to induce the Jury to (jive 
a verdict for the defendant . 



Reader, whomsoever you may 
he, what will you — nay, what 
can you say — in answer to this 
public declaration of the leading 
journal of Jamaica? Did ever 
party feeling shew itself in 
stronger colors ; it is a direct 
stab to the integrity of the Ja- 
maica jury^s, however sincerely 
meant, but unintentionally put 



223 



As it is well known that a 
prosecution instituted against a 
popular magistrate like Mr. 
White, by a member of the Al- 
dermanbury society, would be 
carried on witli all tbe malignity 
which belongs to that institution, 
and the agent would no doubt 
be held harmless, while the de 
fend ant, an honest man and a 
gentleman by birth and profes- 
sion, would have no refuge for 
himself and family, but a jail or 
a poor house. 



The evidence of Mr. Nether- 
sole, and his conduct throughout 
the whole proceedings exhibited 
his character in a manly and 
very proper light. 



He was the agent of both parties, 
who allowed him to be sole judge 
of all the difference between them; 
he did settle them, but no sooner 
was this done, than Mr. Sterne, 
like a saintly Aldermanbury eel, 
turns round and demands fresh 
concessions : and White, " the 
bravest of the brave," in order 
to put an end to every difficulty, 
felt disposed to meet the views 



forth ; because it was manifest 
to all who were spectators at this 
trial, that nothing hut party 
spirit actuated both the Chief 
Judge and the Attorney-Gene- 
ral, and they were both sorely 
bent to destroy my cause, yet 
the facts were too stubborn to be 
entirely overcome ; and both 
had openly allowed that the 
jury were bound on their oaths, 
according to the evidence ad- 
duced before them, to return a 
verdict for the plaintiff . 



In answer to this piece of 
dastardly party feeling, read 
my solemn affidavit at the close 
of this work. 



Let the reader again peruse 
pages 59, 148, 171, 176, 186, 
and then judge for himself. 



He (Nethersole) did settle all 
differences — this done, Sterne 
demands fiesh concessions. A 
more barefaced, false assertion 
could not be made, the very re- 
verse being the fact ; look at 
page 19, 165, and more partic- 
ularly to his own letter, page 
213, wherein he positively de- 
clined any interference, but in 
giving- his evidence in court^ on. 



224 



of his persecutor; but Mr. Ne- 
thersole, the umpire, said no — 
We yielded to Sterne all he re- 
quired." I have closed the aiF- 
air as I was entrusted witli it, 
and shall not re-open it." We 
could say much more on this sub- 
ject, but really the public are as 
heartily sick and. tired of it, as 
the bench and jurors must have 
been. 



the last trial, in order to come 
off with something like clean 
hands, he says, " the conversa- 
tion, &c. see page 213,1 was 
before the notice, or the action 
had been served." Then again 
he contradicts himself, for after 
having, as he said, settled all 
differences, (what did he settle? 
nothing) White, feeling really 
disposed to do so, Netbersole 
cried no, " we yielded to Sterne 
all he required" (what did he 
yield? nothing); and shall not 
re-open. 

Now, the real fact is, the 
whole blame is Nethersole's ; 
White was ^yishful to close, by 
giving the letter required, but 
Nethersole would not allow him. 
Nethersole admits a letter was 
to have been written from the 
first, but when he is asked, was 
such letter written and delivered^ 
or even tendered; he is com- 
pelled to say no. Thus, of course 
his yielding all that was re- 
quired, or settling all differ- 
ences, is -point blank contrary, 
to truth. 



The defence of the Attorney- 
general for Mr. White, was very 
manly and dignified, and he did 
not hesitate to describe Mr. 
Sterne, as " a busy meddling 
man" and his honor took care 
to renew the knorvledge of the 
fact which bad been extracted 
ju evidence, that he was the 
agent of a very powerful party 
in England, meaning of course 
the party avowedly opposed to 
the colonies. We shall continue 
our observations on this trial 
to-morrow. 



This real sample of the Chief 
Justice, and Mr . Attorney -Ge- 
neral, shews how unworthy they 
both are of the high and im- 
portant offices of trust commit" 
ted to their charge by his Majes- 
ty'' s Government. 



22d 



The following were the Editorial remarks of the same paper, 
a the day that the verdict was made publio— 

KINGSTON, FRIDAY, ISth APRIL, 1836. 



In the case of Sterne v. Lien 
tenant White, late Special Ma 
gistrate for Saint George,it will 
be observed that the jury, after 
a short absence from court, re- 
turned a verdict of 20s. in fa- 
vour of the plaintiff, thus leav- 
ing each party to pay their own 
«osts. 



A writer in the Kingston Chro« 
nicle and City Advertiser of 
Wednesday, Tth September, 
1836, signing himself Henry 
Jenkins, aged 169, says on the 
famous trial of M'Leav, versus 
Bourne. 

Neither the partiality of a 
judge J Court favour J or the to- 
phistry of Counsel^ can ever sway 
a JAMAICA JURY, M'Lean 
has got equal damages, although 
Sir Joshua granted a new trial. 

In the above trialjMr.M'Lean, 
the plaintiff, received a verdict 
at the hands of the Jury, of £200 
on each trial^ with full costs out 
of purse, against Mr. Bourne, a 
special justice. Of the equity of 
such verdict, I am not about to 
question ; but to shew the feeling 
of party f I bring it forward. Mr. 
M'Lean's cause of complaint, in 
comparison to the atrocious one 
of mine J was insignificant in the 
extreme. But Mr. Bourne, be- 
cause he was friendly and kind 
to the blacks, was a marked man 
by the planters and the press. 

But, on the other hand, be- 
cause Mr. White was absolutely 
a devil so termed unto the unfor- 
tunate blacks, and regularly co- 
ersced them continually. He was 
idolized amongst the planters, 
and held up by the press almost 
as a superior being ; and altho' 
I succeeded on the first trial in 
obtaining, at the hands of a jury, 
against this popular Magistrat*, 



% W 



22^ 



£10S 6s. 8d ; tjet ow the new 
trial, ly the sophistry of counsel^ 
and the partiality of the judge, 
(see the writer's words above )w]io 
representedine to the jury as the 
ugent of the avowed enemies of 
'the country. This JAMAICA 
■JURY so lost sight of iny rights, 
Bay of their own dear rights, for 
which 1 had stood and contested, 
thart instead of giving rae any 
thing like what the former Jury 
did, they now only granted me 
Twenty Shillings, which was less 
than the defendant's own coun- 
sel expected, besides leaving me 
to pay my own costs, of some 
hundreds. 



Of the equity of the verdict, 
no one who heard the evidence, 
can entertain a doubt. That 
Mr, White was betrayed into an 
act of unjustifiable violence^ no 
one will deny. 



But he was hurried away by 
his feelings, in consequence of 
some previous intermeddling on 
the part of Sterne, 



But, when appealed to, he af- 
terwards agreed to atone for his 
conduct by a written apology 
which was acceded to on the 
part of Sterne. 



Here the Editor contradicts 
himself. He first speaks of the 
equity, and then declares it to 
have been an act oi unjustifiable 
violence, which, but for the Chief 
Justice's so unjustifiably allow- 
ing of improper evidence,! might 
have had ample damages; hut 
because J was so marked out, the 
unjustifiable violence was lost 
sight off to my cost. 



This shows a pretty sample of 
Jamaica justice, vjhen an unfor- 
tunate apprentice can he incar- 
cerated in irons, 8fc, at the mere 
whim and caprice of a Special 
Justice, and because the owner 
comes forward, as he is in duty 
bound, to seek his release, it is 
termed intermeddling on his 
part. 



Here is a direct acknowledg- 
ment that a written apology was 
to have been given, which, if 
given, there would have been n» 
law-suit. 



227 



And tte terms of it were to be 
dictated by Mr. Nethersole, as 
the friend of both parties. 



Mr. White was satisfied, but 
not so with Mr. Sterne. 



Instead of a private apology, 
which was all he at first requir- 
ed to satisfy his fellow-parish- 
ioners, he turned round and de- 
manded a public one, which was 
denied. 



Mr. Nethersole states, in hip 
evidence, that the letter was ne- 
ver written, consequently 1 was 
perfectly justified to enforce sa- 
tisfaction, had Mr. Nethersole 
dictated and written such letter 
of apology, and I had then refus- 
ed to accept it, there would then 
have been cause to complain of 
ofmy inconsisteacy. 



Mr, Sterne would have been 
satisfied, if he had the letter. 



This is so complete a contra- 
diction, that it condemns itself, 
call it as you like, private or 
public ; the letter was never 
given, although the terms were 
expressly agreed upon, by both 
plaintiff and defendant. (See 
page 171.) 



Now, we ask, if such conduct 
was consistent with the usual 
mode adopted among gentlemen? 
Most certainly, not ; and thelSterne . 
man who would thus violate 
these rules, ought not to be 
treated with much considera 
tion. 



This is strictly applicable to 
Mr. White, although intended 
by the Editor as against Mr. 



Besides, the hostile and vin- 
dictive feeling which Mr. Sterne 
evinced towards Mr. White from 
the commencementjis not credit- 
able to him as a man who pro- 
fesses to be more religious than 
his neighbours. 

We, however, wish him joy of 
his verdict, which, no doubt, will 
be hailed with satisfaction by 
every member of the powerful 
party with which he is acting at 
home; as well as in this country. 



There was neither vindictive- 
ness of feeling displayed, or a 
want of Christian charity shown^ 
when I so readily agreed to waive 
all the injuries I had received, 
and the indignities I had suffer- 
ed, merely for a simple letter of 
apology. 



To contradict this assertion, 
read my ajffidavit at the end of 
this volume. Whitens pretended 
friends have proved to be Ms 
greatest enemies. 



2^ 



Poor White had been sufficiently 
Tictimised previously, but we 
congratulate him, that on this 
occasion the efforts of his ene- 
mies (and it is stated that Mr. 
Sterne was acting in concert with 
others) to ruin him have failed, 
and that the ordeal to which bis 
conduct was subjected, confirm 
ed the good opinion^ universally 
entertained of his character. 



Or a sketch of the actual cash expended by him in proseout- 
log these actions, and the real loss sustained by him in const- 
quence : — 

To amount of Mr. Harvey's, my first Solic- £ 

itor'sbill 80 10 

To do. Messrs. Mowat and Read, my second 

ditto 857 8 »i 

To cash fees, paid to the following Barristers, 
which are not included in the foregoing acr 
counts :— Mr. Watkis, £5 6s. 8d, Mr. Mid- 
dleton, £21 6s. 8d, Mr. Attorney General, £5 
6s. 8d, Mr„ Edwards, £5 6s, 8d. and Mr. 
B^tty, £32. 69 « 9 

To cash paid the various witnesses, for mile 
money, service money, and lodging expenses, 
allowed by the Court, at the four different 
trials, and the January Assizes 1836, when 12 
witnesses were in attendance, in consequence 
of the new trial granted, but not allowed to be 
brought on by the Chief Justice, Sir Joshoa 
Rowe , 455 

To casli paid for my own lodging, bills, and 
travelling expenses, to and fro, from St. 
George's to Kingston and Spanish Town dur- 
ing the contest 900 

To cash paid Dunbar, the Clerk of the Peace, 
for a copy of the proceedings in Lemasney. v. 
Stern*, .,. 1 in ft 



229 



T© amouut oi" furniture, distrained on, and iold 68 

To cash repairs, put by H. Sterne, on the wliarf, 
which was lost in consequence of his being 
compelled to give it up 33 

To cash paid Brown for serving the notice of 

action on White 1 6 8 

To actual loss sustained at wharf, which was 
lost inconsequence of being compelled to give 
it up, (see page 95.) 600 5 

To cash, paid the Deputy-Marshal, for the in- 
famous bill of costs, allowed by Sir Joshua 
Rowe to be saddled upon me in the last trial 
of Sterne v, Swire and others, (see page 149) 101 18 4 

To cash paid, passage money, of myself and 

family, to England, with expenses 200 

To this amount, dedicated to the publication of 

this work, and its distribution 500 

To a complete overthrow of my business for 
two years, say the whole of 1835 and 1836, 
with expenses in England, chances and ex- 
penses in case of a return, and the prosecuting 
of this cause at least 2,SS2 4 10^ 



TOTAL, Five Thousand Pounds £5,000 



Having been asked by many of my acquaintances if it was 
my representations to the Governor, which caused Mr, White's 
dismissal from the magistracy or not, I can only say, that, in 
consequence of the negroes exulting so much as they did 
throughout the parish (see page 81) at his dismissal. Special 
Justice Fishburne, at the suggestion, I understood, of the 
parishioners, addressed his Excellency the Governor on the 
«ubject, requesting to know if it was in consequence of his 
(White's) severity in punishing the negroes; when he received 
for answer from his Excellency the Governor, that it was not 
for his ill treatment of the negroes, but for his very improper 
conduct towards, and interference with, the duties of the 
Rector^ the Rev, Miles Cooper Bolton, a most worthy and 
zealous Son of the Churchy indefatiyahle in his duties for the. 
spiritual welfare of the thonisands of poor souls committed tc 
his rharc/e. 



230 

The following publication, as taken from the Jamaica Dis- 
patch of the 8th April, 1835, will speak best as to fact. 

New Court House, Buff Bay, Saint Gear ye ^ 
3rd April, 1835. 

AT A MEETING numerously and respectably attended this 
day, agreeably to the requisition, for the purpose of repelling 
the calumnious expressions used in the following paragraph from 
the Rev. Miles Cooper Bolton's memorial to the Governor, 
which caused the dismissal of Mr. White, our late Special 
Magistrate, viz. 

" That seeiny the influence Special Justice White has, ex- 
officio, with the Overseers, and dreading the effect of his abuse, 
your memorialist (with the exception of one estate, where he 
has little or no influence) has not since ventured io visit any 
properties in his parish, for the purpose of catechising and 
instructing the apprentices, lest he should meet with open insults 
or obstructions, designedly thrown in the way, indirectly, to 
prevent his labours and attendance.^' 

The Reverend Miles Cooper Bolton having attended the 
meeting, and having publicly declared in the most solemn and 
direct manner " that he never intended by the above paragraph 
to give the least offence, or cast any aspersions on the parish- 
ioners, collectively or individually, and that an insult which 
was never intended, should not be taken as such. " 

RESOLVED — That this meeting deem the above explana- 
tion sufficiently satisfactory, and recommend that the subject 
matter for the future be buried in oblivion. 

RESOLVED— That the above resolutions be published 
once in each of the Kingston daily papers. 

JOHN BELL. Chairman. 



It must be remarked that it was not any individual singled 
out case, which caused his Excellency the Governor to dismiss 
this highly beloved fby a party only) popular magistrate, from 
the magistracy ; for numerous were the cases of representations 
made against his atrocious arbitrary proceedings. 

And I do most solemnly assert, that it is a iJtVJCt 
Hibrl on the greater part of the SJatUat'ea J^OlltjS, 

the countenance given by a portion of the press in his favour, 
for I rould easily publish a long list of kind-hearted and asea- 



231 



lous friends of the negroes from amongst their body ; individual* 
who have stood forward, and are ever ready, both with parse, 
and in person, liberally to aid in ameliorating their condition in 
society. 

Yet so strong does party feeling, to a certain extent, still 
exist, in favour of all the horrors of the old system ,^labtt*2, 
for the change to '^ppVtXttitt^fiip is but in name only, as 
this volume will pretty well testify ; that few, if any, have dared 
openly to avow their good opinions, as it would at once mark 
them ot!t for HutU and BtjStrttCttOtt, as 1 have been. 

The following letter, which was published in the Commer- 
cial Advertiser, (a liberal paper, by the bye) of Tuesday, 16th 
June, 1835, having caught my eye, I herein lay it before my 
readers. "Who the author is, I know not. 



To the Editor of the Commercial Advertiser. 

Sir, 

I was not a little disgusted by the remarks 
made in the Dispatch (a paper, by the bye, which I seldom see,) 
relative to Lieutenant White. Whatever Mr. White's case may 
be, I am inclined to believe the " gentleman of the Dispatch" 
has made the worthy Stipe speak a language little known to the 
present officers of his Majesty's service. I admit, however, that 
ex-paymasters,* and such persons whom the service has 
honoured, rather than been honoured by, do interlard their 
conversation with the bluster and bully of low epithets, and 
coarse swearing. I should like to be informed^ rvhether remon-' 
slrances ivere not made against Mr. Whitn^s very prompt deci- 
sions prior to the Governor's interference in Mr. Bolton's 
case, 

1 shall be glad to know if Mr. White never had culprits 
arraigned after dinner at his landlord's^ fearful that time 
might jilt him. I should also wish to be informed, whether Mr. 
White ever appeared in the Court.-house ivHh a supple-jack^ 
(i. e , a substitute for a horse-whip) for the Rector ? And, 
worst of all, whether Mr. White has not sought the approba- 
tion of " the gentleman of the Dispatch," rvhose praises an 
honest man would prosecute in a Court of law. 

I am, your's, 
A CONSTANT READER. 

Jane nth, 1836. 

* The Editor of the Dispatch is a discharged Paymaster 
*"••««» a regiment of the line. 



232 



In order to shew the unfitness of Sir Joshua Rowe for iho 
high office of the Chief Justice of Jamaica, I not only refer my 
readers to this volume concerning my own case, but to a portion 
of the Jamaica press, who may be depended upon as LIBE- 
RALS, in every sense of the word. 



THE JAMAICA ROYAL GAZETTE, 

date of Saturday, the 10th of September, 1836, will be found 
a very lengthy letter, signed " A CITIZEN," publicly and di- 
rectly headed, ^ 

TO HIS HONOR SIR JOSHUA ROWE, CHIEF JUSTICE, 

&c. &c. 
Of which the following are extracts .•— 

Start not, your Honor, nor cast your eye askance when it 
glances on this letter, for I am no slanderer, and equally averse 
to offer deliberate insult to my fellow-men, whether high or low 
in the scale of society, Ifyonr Honor is at all sensitive, (as 
men of high and keen faculties generally are,) and if Tuesday's 
Kingston Chronicle has come under your eye, it is impossible 
for any feeling and well regulated mind, not heartily to sympa- 
thise with your Honor, for that the warning to Sir Lionel, 
against the pernicious councils of a certain judicial function^ 
ary^ is pointed at your Honor, I conceive there can be no doubt. 

The estimation in which my Lord Sligo's government has 
been held in this Island, your Honor can be no stranger to ; and 
to charge his "adviser'" (meaning, evidently, our Chief Justice,) 
with all its embarrassments — with " polluting the ear of the 
Viceroy with evil admonition^'''' and with *' deserting and be- 
traying him as soon as you discovered the evil consequences of 
yonr crude and ill-digested opinions," is, certainly, an accu- 
sation not tamely to be borne by any man of a clear and honor- 
able bosom, but, of all, by one of the Judges of the land, and 
he too, the Chief Justice. What, Sir; you of all others — whose 
purity of mind — whose rectitude ot principle we are bound to 
presume is, at least, commensurate with your legal attainments, 
and your high office, to be supposed capable of instilling per- 
nicious councils into the, we trust, yet unprejudiced mind of our 
respected Governor — you, who have been so long seated in the 
highest law chair, to be yet " a stranger to us and our institu- 
tions" — and, although thus so ignorant, yet "presume to give 
advice," — and such advice of" the most pernicious tendency^** 
and such mal- advice given too, not one indifferent to the com- 
munity, but to ** the wretched representative of loyalty^^ — not 
uersly supposed capable, or barely insinuated, but expressly 



233 



eliarged ia tbe most explicit manner, with all this, imputing ta 
you, in addition, two points of character, certainly, in a Judge, 
the most odious and contemptible," arro^rance and presumption,'^ 

Your presence f instead of gracing the sacred hall of justice j 
its principal and revered chair would ^ unquestionably^ pollute 
it No honest and independent Jury could regard you in that 
chair with satisfaction — no manly and intelligent bar could ad- 
dress you with confidence ; — you, who, if the Kingston Chronicle 
is worthy of belief, are not only " a stranger to us, and ignorant 
of our institutions," but capable of '* giving advice of the most 
pgrnicious tendency'^ to our ruler;— -he, to whose hands, chiefly, 
our future destinies are committed ; and a motive the most tfH- 
manly and disingenuous^ for acting as you are charged ^vith 
having done, that of causing a breach between the council and 
assembly, and to put an affront upon the latter : to lower them in 
the estimation of our new Governor, and, by thus sowing the 
seeds of future dissention between them, affording some reason- 
able colour for the previous bickering with the Marquis^ and 
thus persuade the mother country that we colonists are so unrea- 
sonable—so restive a sort of people, tliat no Governor can long 
satisfy us, unless he is of the negative character, it will be im- 
possible for us, in future, to look up to our Chief with that re- 
spect which is, or at least ought to be, his due. 

N.B.— Since writing the foregoing, I observe, in this morn- 
ing's CFriday) Chronicle, some severe strictures'—most biting 
animadversions on your Honor, which I the more regret, as 
issuing from a press, whose Editor, judging from his general 
writings, appears to be, a gentleman of no contemptible parts, 
neither devoid of manly independence, nor destitute, but much 
to the contrary, of general intelligence. 

The Standard charges you, not only with your disputing 
precedency with the Speaker — you are, in broad, set terms, 
called an ambitious Chief Justice — that either you are ignorant 
of the bounds of the established privileges of your office, or 
knowing that you deliberately transgress them. Your whole 
conduct and demeanour is termed ridiculous — set phrases and 
insinuations the most debasing, are in heaps upon heaps cast 
upon, not merely your manners, but your fair fame as a public 
character, and meanness of the most despicable description, 
evincing a narrowness of soul which it is impossible for tke most 
liberal minded to reconcile to the dignity of your station in so- 
ciety, and your high office, &c. 



Having promised to lay before my readers (at page 150,) a 
statement of facts to prove, that Sir JOSHUA ROWE'S ar» 
bitrary and unjustifiable conduct towards me^ throughout the 
2 G 



234 



whole of these trials^ had been nctuated by an ungovernubh 
malice and revenge, and not from any desire to aivard justice 
for the public good. I at once proceed to do so. 

Be it then known, that in the year 1832, when Sir Joshua 
Rowe first arrived in Jamaica, as Chief Justice, I was the senior 
partner of a highly respectahle establishment in Kingston, and 
did business with the principal characters in the island, amongst 
whom were, the Earl of Belmore, the Earl and Countess of Mul- 
grave, his Majesty's Attorney-General, Lord Seaford, the Lord 
and liady Bishop of Jamaica, the Archdeacon of Jamaica, anci 
numerous clergymen ; several members of the council and As- 
sembly, Sir John Keane, and Sir Willoughby Cotton, Com- 
manders of the Forces, Sir M, N. Nepeon, several Colonels, and 
other distinguished characters in the army ; the Lord Mayor 
and numerous respectable merchants and gentlemen of the city 
and parish of Kingston, to either of whom, or to the public re- 
cords of Spanish Town, I would refer my readers for the truth 
of this my latter statement. 

As I have before stated, early in 1832, on the arrival of Sir 
Joshua Rowe, as Chief Justice of Jamaica, he was introduced 
to our establishment as a customer, with whom, of course, I was 
highly gratified to treat. Our general terms of doing business 
was cash, or three months'* credit; but Sir Joshua's appoint- 
ment to the Chief Justiceship of Jamaica, being from England,, 
and quite against the established rules or laws of the island, 
(the laws expressly declaring, that no one should be recog- 
nised as Chief Justice, but such as had practised at least for 
five years at the Jamaica bar) created for a time considerable 
excitement, the Assembly refusing to acknowledge his appoint- 
ment, and consequently he could not receive (although he did 
lay claim) the Salary of Chief Justiee, which was £5600 ptr 
annum, ~T/iis bein^ the case, he stipulated with me for a longer 
period of credit, and as he expected, that at the meeting of the 
House of Assembly, which was to have been in November, his 
appointment would be recognised, and the salary granted to 
him. He promised me to settle up accounts immediately^ after 
-^say in January, 1833, which would make nearly twelve 
months. Fearful, however, that his expectations might not be 
realised, he proceeded to act cautiously, and only selected ab- 
solute necessaries, giving me always to understand, that as 
soon as his appointment was fully recognized, he should furnish 
himself with every requisite necessary for his high rank in life. 

The principal things^ however, that he did take, were not 
my own absolute property, hut the property of others, for he 
refused to make choice of any of our own new costly furniture 
but his selections were principally confined to our auction roomSj> 



235 



in the second hand way, on the sales of which I only received a 
trifling commission of five per cent,, and now, of course, com- 
pelled to pay up in cash advances, to tlie rightful owners, for 
those very goods, on which we indulged him with so long a 
credit. 

This, therefore, being the fact of the case, and our estab- 
lishment being a very extensive one, having from sixty to eighty 
hands, in men and boys, for whom I had great difficulty to find 
cash means weekly, and withal being but a young beginner in 
business, I was compelled, as soon as the time stipulated for was 
up, to render him my account, and press for payment. 

In January, 1833, I accordingly rendered my account^ 
hoping and expecting to have had a draft, without further trou- 
ble ; but, having waited over the full first quarter of that year, 
without receiving any payment, I appealed to him from shear 
necessity, hut instead of receiving either payment or civility, I 
tvas severely repulsed, with not even a promise of payment. Ir- 
ritated and indignant, I attempted to expostulate ; hut only 
received mischievous threats. 

About the same time, I received a threatening letter from 
one of our creditors, Messrs, Tory, M'Whinnie,and Co., casting 
insinuations which were unjust, and which our firm had not me- 
rited ; and, at the same time, threatening that, unless their 
account was settled up prior to the last day of summoning, they 
would send me an action, having made every effort to raise the 
means of settling ofi" their account, without effect ; 1 was 
compelled to appeal to my lawyers, who were most worthy 
men— Messrs.Whitehorne and Forsyth-— it /te senior partner, Mr. 
James Whitehorne, being the only one at the time in the island, 
and who was, indeed, to me a most sincere and valued friend, 
one under Heaven who had most disinterestedly taken an active 
and kind part in my welfare ; and from whom I had received 
the sincerest tokens of confidence and regard, both by his purse 
and person ; for numerous were the instances of a Saturday 
evening, when I was totally unprovided with cash means to pay 
off my people, that I appealed to him for assistance, which he 
as often most generously supplied me with, to large amounts, 
without the slightest remuneration, save my sincere thanks on 
returning such. 

On my appeal to Mr. Whitehorne, as my legal adviser, he 
saw instantly the awkwardness of my situation, and instead of 
at once preparing my action, which was my request, he endea- 
voured (he being on friendly visiting terms with Sir Joshua 
Rowe) by means of a friendly interference to get the matter set- 
tled without putting me to the expense and annoyance of law ; 
he wrote a very kind note to Sir Joshua, pointing out to him ia 



236 



delicate terms, the necessity I liad been under of placing tlie 
account near £200, in liis bands to be sued. In reply, he got for 
answer, some objection as to the prices charged, but finally pro- 
mising payment in a few weeks. Shortly after. Sir Joshua sent 
one of his lawyer's clerks to we, with ca^^h in hand, stating 
that if I tvould take off twenty per cent, from the account, he 
would pay it, but not otherivise. I refused to do so, so the 
money was taken back to him, and by his scheming and half- 
made — but never fulfilled — promises, he managed to evade that 
Court from being sued. 

Oti my party I was unable to settle up Messrs. Tory and 
Co,''s accounti but promised them payment as soon as I received 
payment from Sir Joshua; they, however, insisted upon an 
admission of judgment^ and, in order to prevent a public ex- 
posure^ I was compelled to grant it them. In the meanwhile, 
time flew on, and Sir Joshua made no payment, but was known 
to do every thing in his power to injure our establishment. 

On one particular occasion, towards the end of this year, 
the honorable Samuel M. Barrett drove up to our establish- 
ment, with Sir Joshua, and having entered our ware-rooms and 
given some orders, he told us, that his present visit was, in con- 
sequence of the high recommendation he received from Lord 
Seaford respecting us. Not long after, I believe next m,orning, 
we received a countermanding order from this honorable gentle- 
man, he having gone, the same day, with Sir Joshua Rowe^ to 
another establishment, and there given the like orders, and I 
heard from a friend, that it was in consequence of the soli- 
citations of Sir Joshua that he did so. 

Time flew on, Sir Joshua^s hatred became generally known^ 
and another full year passed away, but still no payment was 
made to me by Sir Joshua. January, 1834, arrived, and my 
creditors became pressing for their accounts 5 but no solicitations 
on my part could induce this unreasonable man to settle up his 
account, unless a large deduction was made, and this I would 
not, because I could not aff"ord so to do. I had discovered that 
he had done me an exceeding deal of mischief amongst many 
popular characters ; my partner thought proper to pick a quarrel 
with me: and / at once determined to get quit of my business 
for, although lucrative, it was destroying my own and family's 
peace of mind, and I foresaw would make me a world of ene- 
mies. I had attempted to shake off my connexion, as regards 
the partnership once or twice before, but found that impossible 
to do, in consequence of the awful sacrifice that I should be 
compelled to make ; but now that things had arrived at such a 
climax as the present, I determined upon doing so honorably, 
however great the sacrifice, and not allow my enemies to 
triumph. 



23/ 



Early in Fehriiartj, having come to that fixed determination^ 
I sent a circular round to all my firm's creditors, every one of 
whom resided in Kingston, and a meeting was convened of them 
the next morning. My books being up to date, and a full schedule 
of the stock on hand, with all other assets being delivered over, 
assignees were appointed, and a deed of release ordered to be 
immediately prepared ; this done, I at once handed over my 
keys, books, stock, and assets to the assignees appointed, who 
were Isaac Jones, John Nethersole, and Thomas M. Whinney, 
Esquires, to the tune of £4457, to cover only £2877 of debts, 
being nearly double the amount of what we were owing ; at all 
events it was more than 30s. to the pound, and amongst the 
assets was the debt so long due to us by Sir Joshua Rowe, The 
schedule and release being upon the puhlic records, in Spanish 
Town, will speak for the truth of the foregoing statement to all 
who are curious enough to wish to see it. 

I was now, I considered, clear from all the attempts that 
Sir Joshua Rome could make to injure me, hut his subsequent 
not-to-be-mistaken conduct, followed up against me, in all the 
unfortunate actions recorded in this volume, which I was com- 
pelled to carry into his court, in self defence, and in order to 
work a general public good, but too clearly shews how much 
J was mistaken ; and I flatter myself that the foregoing narra- 
tion will be sufficient to convince my readers that my charges^ 
however grave and deeply it may inflict punishment on his al- 
ready wounded conscience, by this public exposure, are not 
unfounded. 



t^^^ To the curious, I would say, read G. F. Wilkinson's 
*' Newgate Calendar" of notorious convicted characters,— -say 
volume 3, page 487, and there they will find this very Most 
Noble THE MARQUIS OF SLIGO, tried and convicted at the 
Old Bailey, under date 16th December, 1812. 

And the sentence then passed upon him, by Sir William 
Scott was, that his Lordship should pay a fine to the King of 
£5,000, and be imprisoned four months in Newgate. 

His Lordship bowed, and was conducted by the keepers 
througli the private door to the gaol. 



238 



Si^gtusEie th^Mf M ttiou bilt, j^ttU, 
^labcrg, isattJf 3i(, ^till ihon art a iJittev 

tJfVattQiVt 5 and though thousands in all ages have been 



Tis thoiij thrice sweet and gracious goddess, addressing 
myself to LIBERTY, whom all in public or in private worship^ 
Ttihose taste is grateful, and ever will he so, till nature herself 
shall change. No tint of words can spot thy snowy mantle, 
or chymic power turn thy sceptre into iron-— with thee to smile 
upon him as eats his crusty the srvain is happier than the mo- 
narch, from whose court thou art exiled. Gracious Heaven ! 
cried I, kneeling down upon the last step but one in my ascent, 
grant me but health thou gi-eat bestower of it, and give me but 
this fair goddess as my companion, and shower down thy mitres, 
if it seems good unto thy divine providence, upon those heads 
which are aching for them."— 5^erne's SentimentalJourney , 



239 



no doubt, have noticed at page 54, in 
my last address to liis EXCELLENCY, the Most Noble the 
Marquis of Sligo, Governor of Jamaica, &;C. &c., mention made 
by me of an affidavit and communication of mine, forwarded to 
his Majesty's Attorney-General of Jamaica, under date 9th 
June, 1835, touching an inquest' which was held on the body of 
% female apprentice {late slave) in the parish of St. George's 
house of correction^ on Tuesday, the 26th of May, 18S5. 

This being a subject of vital importance for the well-being 
and happiness of hundreds of thousands of our fell orv -beings, 
hut lately immersed from slavery, (in name only as yet) through 
the bountiful liherality of the British empire, who, it must be 
said, have, for ages hack, enriched her coffers by the sweat-— 
nay, by the blood and sinews of her black brethren, these still 
unfortunate bondsmen in foreign climes. 

It behoves every zealous advocate, for free and nnob- 
structed liberty of conscience, in these enlightened days in 
which ive live, to come forward boldly, and lend his feeble aid 
to remedy the mighty tvils that still exist, and to put down op- 
pression, wherever it be found. 

Who, then, so powerful, for such a mighty undertaking 
{under Heaven's all-wise guidance) but those zealous sons and 
daughters in the British empire, whose voices have of late years 
been constantly uplifted in the cause, and by whose means the 
rich coffers of the nation were at length thrown open, and from 
whence twenty millions of solid gold have been most nobly 
drawn, to her never fading honour — For what f You say 
for the redeeming of our kindred from slavery. But what shall 
I reply ; first I lay before you the sentiments of one of your 
most admired pensmen, in the person of my own near relation, 
the Rev. LAURENCE STERNE, and his sentiments are but 
the sentiments oi millions. Yea, they must be the sentiments of 
every feeling heart, when he recorded those emphatic words, 
SLAVERY, thou art a bitter draught. -K 

But my reply now is— APPRENTICESHIP ! oh, thou 
mockery of freedom— -a mask for baser matter — a second slavery 
—•thou art, indeed a bitter draught — thou art most truly poison 
to the taste — oh, thou deceitful tempter — thou promised to be 
sweet and joyous — to knock off the chains and trammels of a 
life of misery — hut alas, thou linger est ; thou art sickening to 
the soul i thy promises are deceitful ; and thy end is DEATH. 

Having thus prepared the way, and pictured to your fancy 
the solemn realities of truth. I shall now proceed to lay before 



240 



you a few stubborn facts, to bear me out in tliis most liorvid 
picture. And to you^ my brethren, do I now appeal — whose 
eyes may chance to stum^hle on these pages — whose souls may 
melt at this sad spectacle, and whose hearts and hands would 
voluntarily arise indignant to join the writer, who has hitherto 
stood forward single-handed^ in this dread conflict, to the entire 
ruin of his fortune, and without your now generous aid, to the 
entire destitution of his family . 

So now to my promised work on— APPRENTICESHIP— 
late SLAVERY— ^Mf now DEATH. 

M yreader must now be made acquainted, that tlirough tLe 
liberality of tbe British nation, in giving her twenty millions — 
Slavery was to have been totally abolished^ and blotted out 
from every portion of her empire, on the 1st of August, 1834. 
This long-looked for happy day — a new sera in the western 
world arrived. I, my reader, was one of those who ardently 
prayed, and looked for its accomplishment ; and, being an in- 
habitant in a land of slavery, /or more than twenty years, can, 
vouch for facts. And whilst a heated and mischievous press, 
kept up a terrible apprehension in the minds of thousands — that 
fire, blood, and anarchy, would be the result of LIBERTY. I 
•an, with safety and joy at the recollection, declare, tbat I looked 
forward for, and contended would follow — peace, joy, love, 
happiness, and grace. 

And I do most solemnly assert, that, notwithstanding the 
■vile calumnies which have been attempted from time to time, to 
be cast on our unfortunate black brethren, that they have richly 
merited the great and noble boon conferred upon them. 

On the first of August, 1834, and until very lately, I was 
an inhabitant of a populous Country parish, viz. Saint George's. 
This parish has been noted in the annals of Jamaica for what 
is, out there, termed rebellion. Of this, then, most re- 
bellious parish, do I now speak, from a lengthy , personal know- 
ledge and observation, 

/• Being present, lean truly declare, that, instead of this ter- 
rible 1st of August being ushered inhy fire, blood, and anarchy, 
owing to a band of herded savages being let loose from the 
trammels of slavery, my most ardent desires were fully realized, 
by peace, joy, and happiness abounding. Our little parish 
Church, at Buff Bay, was crammed almost to suffocation, with 
clean, well dressed, joyous looking, peaceful, liberated bonds- 
men, all vieing with one another, in offering up their grateful 
acknowledgments to our common Almighty Father, for his merci- 
ful interposition in their favor. And not only was the inside of the 
church craramed, but thousands surrounded it, in the open air ; 



241 



and though completely out of the lound of the Minister, yet 
thought themselves equally happy in offering up their own pri- 
vate adoration in presence of that sacred house. And here, my 
reader, helieve me, did these thousands of liberated blacks en- 
joy themselves the whole day, not in feasting and drunkenness, 
but in fasting and prayer. 

And, much to the honour, may it here be said, of our 
xealous and worthy Rector, the Rev. Miles Cooper Bolton, who 
most ardently laboured the whole long day, in addressing {be- 
sides our Church services) suitable admonitions for their comfort 
and edification. 

And strongly did he point out to them^ by a represen' 
tation of the journey of the Israelites of old through the 
wildernesSf after their liberation from the Egyptian bond- 
age j the necessity of their shewing gratitude, and faith in our 
Lord Jesus Christy by patiently waiting for, and faithfully la- 
bouring out J the termination of their apprenticeship. 

And I do most solemnly assert, that it is a base LIBEL on 
these unfortunate and degraded race (who have not had friends 
to stand boldly forward in their defence) to assert otherwise ; 
but that they have most faithfully adhered, and zealously fol- 
lowed up this good advice, and by so doing have not only given 
the lie direct to their enemies' false assertions, but have put a 
lasting honour upon their own credit, and your noble under- 
takings in their behalf. 

I could set before you a volume on this head, but I must 
cut short, as my work is considerably more enlarged, than I at 
first anticipated it would have been. But, if your generosity 
should only replace my already sacrificed fortune, believe me, 
neither it shall lay idle, nor shall my zeal slacken, until op- 
pression be put down, and every trace of slavery swept away 
from our shores. 

For the purpose of shewing you more clearly the stubbom- 
■ess of the facts on which I am about to write, and the false 
mask cast over slavery, by the appellation of apprenticeship, I 
shall lay before you a portion of the famous Abolition Act, 
Khich I intend you to scrutinise. 



tm 



242 



Jamaica, in ^tttnthtv, 1833. 
Sbtc* 21, ^nt? ije it furtiier ^nact^tJ, 

That it shall not be lawful for any person or 
persons entitled to the services of any such appren^ 
ticed labourer, or any other person or persons other 
than such justices of the peace holding such special 
commissions as aforesaid, to punish any such ap- 
prenticed labourer for any offence by him or her 
committed, or alledged to have been committed, by 
the whipping, beating, or imprisonment of his or 
her person, or by any other personal or other cor- 
rection or punishment whatsoever, or by any 
addition to th© hours of labour herein-before li- 
mited ; nor shall any Court, Judge, or Justice of the 
Peace, punish any such apprenticed labourer, being 
a female, for any offence by her committed, by whip' 
ping or beating her person. 

^tt* 22, iSe tt ttvtrefore tnactetr, 

That all such offences shall be tried in a sum- 
mary manner before any justice appointed by 
special commission ; and that any apprenticed 
labourer convicted of absenting himself or herself 
from the service of his or her employer without 
reasonable cause, for half or any smaller proportion 
of a day, shall forfeit to such employer not exceed- 
ing a whole day^s labour of his or her own time. 

Jb0c* 23, ^ntr ht u fttrtJirr rnactttr, 

That any apprenticed labourer, convicted as 
aforesaid, of being absent without any reasonable 
cause for more than half a day, shall in like manner 
forfeit not exceeding three days labour, of his or her 
own time ; Provided always that it shall be lawful 
for the special justice, before whom such com- 



i48 

plaints shall have been heard, on which he shall 
have adjudged that the said apprentice shall forfeit 
three days labor of his or her own time, and he is hereby 
authorised and requested so to divide the said three 
days labom as shall not impose the obligation on such 
apprentice of working for more than fifteen extra 
hours in any one week, 

Jbet* 29. Be it furtfier ^nattetr. 

That any apprenticed labourer who shall be 
convicted, as aforesaid, of insolence or insubordina- 
tion to his or her employer,shall be sentenced tohard 
labour in the house of correction or the penal gang 
of the parish, for any time not exceeding two weeks, 
or, to receive any number of stripes not exceeding 
thirty-nine. 

^tt. 41. ^ntr tje it enactetr, 

That for all offences where punishment by 
flogging is authorized to be awarded by this act, 
it shall be lawful for the Special Justices, in case 
•uch offences shall be committed by females, to 
sentence such females to solitary^confinement for 
any period not exceeding ten days. 

Jbtc* 44. mt it f ttttfirtr ^nactttr, 

That all other inferior misdemeanours, and 
other crimes committed by apprenticed labourers 
against each other, or against the person entitled 
to his or her service, or against any other person 
and not herein-before specified, shall be heard and 
determined before any justice appointed by special 
commission, reasonable notice of the time and 
place of such trial being given to the person enti- 
tled to the services of the apprentice complained, 
against, where such person so entitled to his or her 
services is not the complainant; and such justice 
shall, upon conviction of such apprentice, order 
and direct such punishment to be inflicted as he 
shall think proper, not exceeding fifty lashes, nor three 
months imprisonment to hard labour, nor twenty days so- 



244 



iitary confinement ; Provided, that nothing in this clauit 
contained, shall be taken to authorise such magistrate to 
sentence any female apprentice to be Jlogged or beaten : — 
And provided also, that, nothing herein contained 
shall be deemed or taken to deprive any of his Ma- 
jesty's subjects of his or her right to proceed 
against any such apprentice in any of the superior 
courts of this Island, or any court of quarter session 
or common pleas, for remedy against any appren- 
tice for any wrong or injury done or committed to 
or against the person or property of such subject : 
and provided also, That when any apprenticed labourer 
shall be convicted oj indolence, or negleet, or improper per" 
formance of work, the Special ^Justice before ivhom such con- 
victioTi shall take place, may, if lie sees ft, sentence the 
offender, either alone, or in addition to the punishment by 
flogging, rr hard labour, hereinbefore directed,^ to labour for 
such number of hours or dans, in his or her own time, for the 
benefit of the person iniitled to his or her services, as the 
justice of the case may seem to require, not exceeding 
ffteen hours in any one week» 

Sdtt. 47* %t it mactetr, 

That from and after the first day of August 
next, every praedial apprenticed labourer shall be 
entitled to four hours and one half of an hour, out 
of the five and forty weekly working hours, herein- 
before-mentioned, for the cultivation of his or her 
grounds, and such portion of time shall be allowed 
to each apprentice, &c. 

Sbtt. 59. ^titr ht it fttttiiet rnactelr, 

That from and after the first day of August, 
one thousand, eight hundred and thirty-four, Satur- 
day in each week shall be the day given to every 
praedial labourer, provided, that praedial labour- 
ers, employed in works of necessity, tending cattle, 
domestic services, and in protecting property, shall 
have some other day in lieu of Saturday. 



245 



Stt atU of an ^tt, for the ^ijolitton of 
Slaberg, pajssJrU m SJulg, 1834, in 
Sfamatra* 

Jbrc* 5« ^ntr blverrajsJ, 

It is necessary to regulate uniformity in the 
hours of labour : Be it enacted that on all 
sugar estates and other plantations, field labour, 
shall commence with sun rise, and terminate with 
sunset, giving such cessation in the middle of the 
day as, with the usual half hour allowed for break- 
fast, shall reduce the actual time of labour to nine 
hours in the day : provided always, that nothing 
herein contained shall prevent the employer and 
the labourers from making any other arrangement 
as to the hours of labour, which they may mutually 
agree upon. 

Jbcc, 6. ilntJ ht it mactrtr, 

That it shall be the duty of every employer to 
intimate to the labourers in his or her employ- 
ment the commencement and the close of the legal 
hours of labour, by the usual mode of ringing a 
bell, or sounding a horn, or shell, or any other 
signal, which shall be always of such a nature as 
to be distinctly visible or audible to the several 
praedial apprenticed labourers in the service of 
any person. 

^er^ 21. EnU iir it fttvtiitt tnarUtr, 

That if, after the expiration or other determi- 
nation of the term of apprenticeship of any ap- 
prenticed labourer, he or she shall, having three 
months' notice to quit previously to the determi- 
nation of such apprenticeship, refuse to quit and 
deliver up possession ^of any land, dwelling, or 
building, which he or she shall have been permit- 
ted or suffered to occupy, during his or her state 
of apprenticeship, to his or her employer or em- 
ployers, or to any person or persons acting on hi» 



246 



her, or their behalf; every such person shall be 
deemed and considered a trespasser, and it shall 
and may be lawful, in such case, for any two justices 
of the peace, associated together, upon complaint 
made, and the conviction of the offender, to eject 
such offender from such land, dwelling or building, 
and inflict such punishment, not exceeding ten 
pounds, or imprisonment, not exceeding thirty days, 
as to such justices shall seem proper. 

Doubts have arisen as to the precise meaning 
of the words " crimes and misdemeanors" in the 
said act, fourth William fourth, chapter forty-one: 
Be it enacted, That such crimes and misdemeanors 
as are by law cognizable and punishable by one 
justice of the peace, when committed by any sub- 
ject of his majesty, shall be cognizable and punish- 
able, when committed by an apprenticed labourer, 
by a Special Magistrate. 



®fie ^nqueist allutrrtr to* 

On Tuesday, 26t.h May, 1835, being at Buff Bay, Saint 
George's, 1 was summoned to attend an inquest at tlie work- 
house at 10 o'clock, on the body of a female apprentice, named 
Anna Maria Thompson. The Coroner, Mr. Eobert Dunbar, 
swore in the following eleven jurors: — 



1. JohnT. Bloomfield, 

2. John L. James, 

3. M. M. SoUas, 

4. Archibald Bell, 



5. J. E. Anderson, 

6. Wra. Ross, 

7. L. Manahan, 

8. A. H. Brown, 



9. H. Forbes, 

10. J.Cunning- 
ham, 

11. H. Sterne. 



The Supervisor was now asked by the Coroner, what kind 
of a case it was ; if it was a mere ordinary one ? He replied, 
'' A mere ordinary case — something as usuaiy The Jury then 
proceeded to examine the body. 

The body was laid out upon an old door, supported on two 
casks, rather decently dressed ; she appeared to be from thirty 
to forty years of age, rather robust, strong, and well made, not 
the sUightest marks of violence^ as she then lay. I was the 
last Juror that walked in to see her; some of the Jurors had 
examined her head, face, and hands, and not seeing any raarkp 



247 



of violence, were retiring as I moved up. Having examined 
her myself as she lay, I ordered two of the workhouse people, 
who were in attendance, to turn her over, when, lo and behold, 
the blood was oozing through her clothes, and, on their being 
taken off, it was found that her neck, back, and shoulders, down 
to her spine, were most dreadfully lacerated from flogging. 
On discovering this, I expressed my doubts as to her being a 
female, but was laughed at by some of the jurors, and told to 
examine. 

Considering it a most brutish case, and knowing that the 
Abolition \diw forbade the Jiogging a female, I at once made up 
my mind to sift most fully the case ; and, in consequence of there 
being only eleven jurors, I suggested the propriet, of another 
juror being sworn, to make up the legal number of twelve, 
which was done by adding Mr. P. Melville, the jury were again 
sworn, examined the body afresh, and proceeded to hear evidence . 

JOHN ALLEN, the Supervisor of the workhouse, was first 
called and sworn — He deposed that the deceased, Anna Maria 
Thompson, was committed by Special Justice Fishburne, for in- 
solence to her mistress, under the 29th clause of the Abolition 
Act, for two weeks hard labour, commencing from Monday, the 
19th. She had been sent out to work first, on Tuesday last, the 
20th. The President of the workhouse had given direct orders 
to the driver to use his whip on his people in his gang, when- 
ever they would not work. The deceased was in perfect health, 
when she was sent in ; on Saturday night last she complained 
of pains in her tliighs ; understood from the driver, she could 
not work during the whole of the day ; never noticed the flog- 
ging upon her until now ; she died yesterday morning. 

Th<i President has given direct orders, to the driver, to flog 
without any exemption as to females ; but more particularly as 
to them, they being considered the worst, and most troublesome 
parties. The Hon. John Bell is the president. 

The Coroner here refused to allow the jurors to question 
witness, and forbid the witness to answer any more (juestions— 
and further refused to take notes of part of the evidence, and 
was quitemolent in this determination. In consequence, myself 
and a few others, decided that we would not proceed further, 
.without having a Doctor to open her body. 

This determination on our part, caused the Coroner, who, 
by the bye, was Deputy Clerk of the Peace, to adjourn the 
inquest until half-past 2 o'clock, p.m., and inthe meanwhile he 
sent off an express for the Doctor. 

, It must here be observed, that Tuesdays were the days ap- 
pointed by the Gustos, to meet at the Court-house in Petty Ses- 



248 



•ionu, and the Deputy Clerk of the Peace nas compelled to bt 
there— this shows how improper it is, that the same individual 
should be allowed to hold these two important offices. By the 
laws of England, a Coroner is not allowed to follow any other 
profession : and it is disgraceful to see how so high and respon- 
sible a post is made a mere sinecure, for money-maktng in 
Jamaica. The same individual^ Mr. Robert Dunbar ^ holds the 
whole of the following offices in St. George's : — 1st. Coroner ; 
id. Clerk of the Peace ; 3rd. Clerk of the Court ; 4th. School- 
master ; 5th. Planter ,• 6^^ ; Secretary to the Library Society ; 
Ith. Deputy Judge Advocate for the Regiment, whose musters 
are monthly, and courts frequent — and other minor appoint- 
ments. 

This being between 11 and 12 o'clock, a.m.. when the in- 
quest was adjourned, myself, with most of the Jurors, strolled 
up to the new Court-house; thither the Coroner had immediately 
gone, and when I entered the Court-house, I noticed him in 
conversation with the Ciistos, Mr. Bell, and Special Justice 

Fishburne, and I overheard the following conversation : Here 

comet that meddling fellow, Sterne. The Custos replied some- 
thing which I did not hear; but Mr. Fishburne sa/d— " / have 
the Governor's written instructions, directing that they are to 
*^ fio99^d, if t^ey refuse to work." More I did not catch ; but 
I learnt from one or two of the Jurors who were present, before 
me, and closer, that Mr. Fishburne spoke of it, as to flogging 
the women particularly, and this was pretty well circulated 
about the parish, and numbers of women were frequently com- 
mitted, on purpose that they should get well flogged. 

At half past 2 o'clock, p. m., being again assembled, the 
jury were called over and proceeded with the doctor to see 
the body opened ; I followed him close, and watched him nar- 
rowly, for he is an old hand at such things, having been surgeon 
of that workhouse for twenty or thirty years. 

When he saw the body he was completelystruck with a s- 
tonishment ; he said by gad, my lady, you have had a complete 
dressing, &;c. On opening it, which he first did from the nape 
of the neck down to the spine of the back, and across the shoul- 
ders : he several times shook his head, making severe remarks* 
for it was beat to a mummy. He now cut deep into the bone* 
but there he found the appearances not so bad, and he observed* 
we will now turn her over and open her bowels, there may be 
something else the matter with her, so over she was turned- 
and on opening her bowels, she appeared quite fat and healthy, 
but her bowels were perfectly empty of all but wind, and to- 
wards her back and kidneys were in a high state of inflammation^ 
Aye, cries the doctor, there it is, inflammation of the bowels. S» 
having washed his hands^ we again asstmbled above. 



249 



DOCTOR WILLIAM ROBERTSON was now iworr^ 
f the following are tlie exact notes of the different witnesses' 
evidence, as taken down by me at the time) — On dissecting the 
back of the ivuman^ I found that a very severe flagellation had 
been inflicted ; but on opening the body, I found she had had a 
very severe inflammation in the bowels, which, in my opinion, 
caused her death ; inflammation of the bowels and liver, and the 
abdomen in particular ; the membranes covering the liver, might 
have arisen from cold ; could not have been caused by poison ; 
the flagellation might have brought on fever, but could nothav© 
caased the inflammation in the bowels, 

JOHN MOODY, the driver, who is a convict, sworn — Mr, 
Allen ordered me to talce her out to work on Tuesday ; she said 
she was not used to work her hoe ; she refused to work, and I 
licked her ; she hardiy dug two holes all the day ; complained of 
pains ; she went out to work every day until Saturday, and on 
her way to the field, she sat down, complaining of pains, and I 
licked her, to make her get up ; she was obliged to be carried 
home J was working all the time at Buff Bay river estate ; was 
very stubborn; saw her last on Sunday night; she had no fever | 
1 flogged her four times j gave her a walking-stick to assist her 
up the hill on Saturday ; I left her at home on Monday ; gave 
her a dose of salt water on Sunday ; Park had command of her 
and the gang on Friday. 

CATHERINE MURRAY, a nurse to the work-house— She 
at first refused to take the book, but subsequently did, and was 
then sworn — I attend to the sick ; saw deceased on Sunday ; 
4she was sitting down in the jail, in the morning, very well ; she 
died yesterday ; did not attend to her ; never knew her before 
she came into the jail ; I live in the yard ; never heard any talk 
about her getting such a flogging. 

ROBERT LITTLEJOHN, a boatswain of the workhouse, 
sworn— Asked deceased about breakfast time how she was; she 
complained of her thighs ; she did not eat yesterday ; did not 
complain of fever, or flogging ; complained of pains in her kneef 
—I went for grass on Monday morning ; when we came back 
-with the grass, f und her dead ; knows of no blows given to her, 

BETSE7 WARDEN, an apprentice from Bybrook estate, 
who had been sentenced for one v/eek to the house of correction, 
sworn— I was working in the gang v,'ith deceased ; rvas chained 
HPck and neck to her ; she could not work, and the driver^ 
Moodt/, flogyed her every minute — every noiv and then — 5*0;- 
turday particularly ; I was with the gang on Friday ; Park 
had the gang ; he did not flog her ; but Moody fl.ogged her on- 
Saturday ; she could not work ; was digging cane hold at Bujf 

« i: 



250 



Bay River estate ; Moody flogged me and th» deceased ; shr 
could not eat her victuals : hut drank a deal of water y was 
with her all day on Friday ; sure Park did not punish her at all j 
she was carried home from the field on Saturday ; and was 
then released of her chains; hut died on Monday morning . 

Here I questioned the witness about her own ^oggmg^ and 
she said because she was unable to dig, so as to keep pace 
with the rest of the gangy the driver beat her with his double 
whip repeatedly ; she appeared young — not more than twenty 
years old — but was quite thin and emaciated from v/eaknesc- — 
in order to come at the truth, I called upon her to make bare 
her back, and shew tlie Jury, which she did, and her back and 
shoulders appeared to have heen most sadly heaten, swooHen^ 
bruised, lumpy, and discoloured unnaturally, though not cut 
into, as with a lash. Doctor Robertson went up to her, and 
examined her hack ,• and; much to his honour ^ he it here re- 
corded, he spoke very feelingly against the treatment too often 
encouraged in those workhouses, and, pointing out the jury to 
the witness J he continued to say — would any man attempt to 
fellhim that either she, or objects like her, were fit snhjects to 
he sent into the workhouse for hard labour. Impossible, con- 
tinued the Doctor, they are more fit to be sent out for change 
of air, or to receive nourishment ; and yet these are the kind of 
subjects that are constantly being sent iyi to die here ; and if 
she is kept here for another week, she will he dead also, I have 
represented it constantly to the vestry, continued he, so as 
to prevent any other hut able people, who can stand hard 
work, from being sent here ; but it is of no use— my represen- 
tations have been never attended to, and so we are constantly 
having inquests in this workhouse. 

The Coroner here called upon the Jury to make up their 
minds as to the verdict, as the Doctor's examination was closed. 

I said yes ; this is a very good reason why the Coroner has 
acted the part towards the Jury US' he has done this day ; in 
attempting to stifle enquiry. Why, to he sure, if we succeed 
in putting a stop to such atrocities, it will ruin his hat-vest ; 
for he gets £5 6s. 8d for each inquest, besides Is. as mile- 
money, for every mile he goes about it. 

The Coroner cried out — What, Sir, dare you insinuate that 
I am actuated by any such motives ? 

I replied, that I was speaking to my brother Jurors; that we 
were there assembled on our oaths, to sift thoroughly the case^ 
and that his duty was merely to receive our verdict, and not to 
jnterfejein onr examination of the witnesses, and that moreover 
the case spoke ior itself, however he might relish it. 



251 



it was now apparent that the majority of the jurors were iu 
a hurry to close the business, and felt inclined to determine the 
question, by saying, that we could bring it in no other way than 
that she had died of inflammation in the bowels. 

Myself^ Mr. Sollas^ and Mr, Brown, quite differed from 

that opinion ; so the Coroner called out to the foreman, Mr, 

Bloonifield, to retire and decide the question; stating, that he 

need not be long, as he had only to take the majority, and that 

would decide the question. 

This was done in the course of a minute, and we returned 
to the Coroner, the foreman giving in the verdict— " That the 
deceased had died from inflammation in the bowels." At this, 
myself and Mr. Sottas spoke out warmly, hacked in opinion 
hy Mr, Brown, that we quite differed on that point; consider- 
ing, that although the inflammation in the bowels might have 
been the more immediate cause, yet, that the dreadful flagel- 
lation brought that on, and consequently we conld not consent 
to join in such a verdict. 

The Coroner insisted that we, as the minority, must sink 
into the majority. We decidedly said we would not agree to 
any such a verdict. The Coroner then threatened us with an 
indictment, if we did not ; hut we held together, stating, in- 
dictment or what not^ we would never compromise our oaths on 
such a point, for any thing, let the consequences be what they 
may. 

The Coroner ivas quite violent, and he made the^nine jurors 
sign their recorded verdict ; calling upon us to follow their 
example, but this we still refused to do. He then swore the 
nine to the returned verdict, and closed his court, vowing to pro- 
secute us for the part we had taken. 

By the post, the Coroner wrote to the clerk of the crown 
and Mr. Attorney-General, his version of the afl'air, requesting 
that indictments might be sent out against myself and Mr, 
Sollas, for insulting him, as he termed it, &c. &;c. Mr, Attor- 
ney-General, 1 was given to understand, addressed the Gustos 
on the subject, so as to get full particulars, and it was generally 
circulated that we were to be indicted. Accordingly, that the 
matter should not be so shcmisfully smothered, I drew up the 
following affidavit; swore to it before Mr. Bell himself , mho 
read the same, and then forwarded it, with full particulars, to 
Mr. Attorney -General, thinking, thereby, it would work a great 
public good. 



25f 
f amatca c^^* 

Saint George's. 

HENRY STERNE, of the Parish of Saint George, gen- 
tleman, being duly sworn, maketh oath and saith, 

That the annexed is a true copy of the notes taken down 
"by him, as given in evidence at an inquest lield on Tuesday, the 
26th of May last, at the workhouse in this parish, on the body 
of a female apprentice, named Anna Maria Thompson; and that 
the said deponent fully disagreed with the majority of the jurors 
on such occasion as regards the finding of the verdict, which the 
Coroner on such occasion received and recorded. 

And this deponent further declares, thai in his opinion the 
true cause of the deceased^s death rvas owing to the very cruel 
and uncalled-for BEATING and FLAGELLATION inflicted 
on the deceased by the driver of the workhouse gang, rchicJi so 
exhausted her powers^ and the drinking repeated drattghts of 
cold water, brought on the severe injiainniation in the bowels, 
mhich finally put an end to her life. 

And this deponent further declares, that there were two 
Jurors likewise on such occasion, who also differed with the ver- 
dict, as recorded by the Coroner, and who, with himself, refused 
to sign the inquisition. 

S o help me God, 

HENRY STERNE. 
Sworn before me, this 9th ^ 
day of June, 1835. J 

JOHN BELL, S. S. 



ft^r. Sterne's letter which accompanied the foregoing a^m- 
Tit, js^c. to Mr. Attorney-General— 

DOWEL O'RILEY, ESQ. 

Respected Sir, 

Understanding that you have made some en- 
quiry respecting the severe flagellation inflicted on a female 
apprentice, who died in the house of correction on the 25th ult., 
and on whose body a Coroner's inquest was held, whereon I 
was a juror, I beg to hand you the annexed memorandum of 
notes taken down by me at the time, and my affidavit respect- 
ing the truth of the matter ; unfortunately, I must say, myself 



253 



and two other jurors, were compelled to disagree as to tho 
Terdict of the majority of the jurors on this occasion ; on tho 
other hand J if this dissent from their opinion shall be the meant 
of correcting any encroachments on the law to the injury of 
my fellcw -being ^ I shall not regret it in the end. 

It is necessary for me to say that I have not, nor liad I the 
slightest idea that -when the president of the workhouse gave 
orders to the driver to inflict punishment on the women when 
they would not work, ever anticipated the flagellation on the 
females should be extended to that degree that the driver, at 
his oTvn discretion, was pleased to inflict on the deceased. Had 
the verdict of the minority been received, his Honor, as presi- 
dent, would have been enabled to have disabused the drivers 
mind from the impressions he now labours under, that he is jus- 
tified in inflicting the punisbment, be it never so severe (as was 
the case in point) this verdict not being received, he still per- 
sists in that line of conduct which, I fear^ unless looked into^ 
will cause many poor creatures the loss of life. I am satisfied 
you will, Sir, give this case all the attention that it merits, in 
which I shall feel happy to tender any information in my power 
that you may require, 

I remain, respectfully, 

Your obedient servant, 

HENRY STERNE, 
Buff Bay, 9th June, 1835. 

P S. — The driver is a convict. 



To this letter I did not receive any reply ; but when the 
August Surry assizes came round, the doctor and the whole of 
the nine jurors, with one or two other persons, were all served 
with crown subpoena's, to attend the court as witnesses against 
myself and Mr. Sollas; and if the reader will refer to page 175 
he will there find the very Coroner, Mr, Dunbar, giving evi- 
dence against me, in the case of Sterne v. White^ at this very 
court that he was now striving to prosecute me^ on his own 
account under cloak of the crown , and this will, in some mea» 
sure^ account for his vindictive evidence on that occasion^ 

When, however, the Coroner appeared at court, Mr, Attor- 
ney-General altered his mind, and refused to send in an indict- 
ment to the grand jury against us, knowing, of course, that there 
was no ground for one. At this the Coroner was in a great 
rage and felt exceedingly ashamed (and no doubt this operated 
against me in his giving evidence in Sterne v. White) ; but there 
was no help for him, so he had to sepd back all his crown wit- 
nesses, empty-handed, «s they came. 



254 



Ou the evening of Tuesday the 18th of August, after court 
hours, I attended upon Mr. Attorney-General, at his lodgings 
with my brief, in Sterne v. Swire and others, in consequence of 
my two previously retained counsel being too ill to attend court, 
and whilst with him, he acquainted me witli Dunbar's urgent 
wishes for him to send in an indictment to the grand jury 
against myself and Mr. Sollas, but that he had refused doing so ; 
however, as he was so urgent, he told him, that he was at liberty 
to do it himself at his^own private expence, if he thought proper, 
but that he would not do so as Attorney-General. 

On this I represented to him the real case, pressing strongly 
upon him the fact of Special Justice Fishburn^s having been 
heard to say (see page 248) that he had the Governor's written 
instructions, that the women were to be flogged when they re- 
fused to work. 

And here I must say, for the honour and credit of Mr. Attor- 
ney-General, he did not seem at all to countenance it/ for he 
exclaimed^ why, that is more than he dare do ; it is directly 
against the act. I replied, such is the fact though ; and I wish 
you would take the case up : in my opinion you ought to indict 
the Coroner and Mr, Bell, but he shook his head ; and this con- 
versation helped to convince me in thinking that the charges 
which the public press was daily making against Lord Sligo and 
Sir Joshua Rowe were true, viz. — that Sir Joshua Rowe was 
acting as Lord Sligo's legal adviser, instead of His Majesty's 
A ttorney-G eneral. 

This monstrous shameful case has been allowed to pass by 
U7inoticed. 



^notfitv ^mntnty 



On the following week to the aforementioned inquest — say, on 
Thursday, 5th June, 1835, I was summoned to attend an inquest 
on Lennox estate, on the body of an apprentice ; but not having a 
horse in the stable at the time, I did not attend; but J learnt from 
some two or three of the Jurors wlio sat at the inquest, that the 
following facts came out in evidence, viz. — That he was the 
head cattleman on that property, and that he had hanged him- 
self, in consequence of the Special Justice having had him flog- 
ged ; that he was a prime able young man, one of the very best 
negroes on the estate ; that, since the passing of the Abolition 
Act, some of his boys, who used before to assist him in minding 
the cattle, had been taken away from him, and, in consequence, 
hr was unable lo manage them ; fjiat, during Special Justice 



255 



White's time, on a certain trespass of the cattle on some cane*, 
he was brought up and flogged ; that he used his endeavours 
with the overseer after his flogging, to get himself put into the 
field, instead of tending the cattle, hut he was refused, and still 
compelled to mind the cattle ; that, on this, he was heard to 
vow, that if he was ever brought up and flogged again, he 
would certainly hang himself. 

This unfortunate case did occur. The cattle now again 
trespassed, and he was brought up before Special Justice Hewitt, 
and was again flogged ; that, after receiving the flogging, he 
went down to the book-keeper in the still-house, and begged 
him a glass of rum, which he got given to him ; that he then bid 
the book-keeper good-bye, declaring he would not live any 
longer to be so disgraced, and, sure enough, went out and 
hanged himself. 

Having learnt this dreadful account, I spoke of it to seve- 
ral of my friends , citing it as a case against the badness of the 
apprenticeship system. A few days after this, one of the book- 
keepers from Lennox Estate called at my house, and I again 
heard the fact corroborated, with additional information. I went 
over to Kingston, and spoke of it there to several of my ac- 
quaintances, and particularly to the Lieutenant-Governor, Sir 
Amos Norcot, thinking thereby he would speak of it to Lord 
Sligo, and the exposure of it might do good. 

Shortly after, great fuss was made in Saint George's, by 
Special Justice Hewitt and the Overseer of the Estate getting a 
number of affidavits drawn up respecting it, which were for- 
warded to Lord Sligo, to counteract, as was termed, ray report 
made to England (a mischievous lie, lecause I never made any 
written report at all^ only spoke of it as aforestated. 

The then Overseer of the Estate was on intimate terras with 
me, and I looked upon him as a very mild young man ; he was 
but a new comer to the estate, and was not the one who had the 
man punished in the first instance. 

On the next muster day he taxed me about the report, it 
having been so reported that he was the overseer alluded to 
throughout, I related to him all that I had understood and 
spoken of the matter as aforewritten, and, at his particular re- 
quest, wrote the following letter as to the conversation I had 
had with his book-keeper. 

TO JAMES M'CALL, ESQ. 

EuftBay, 18th July, 1835, 
Dear Sir, 

For your information and satisfaction, agree - 
ahfe to ray promise, I take leave to commit to paper the sub- 



266 



stance of the conversation between myself and Mr. Nlchola* 
Brown, on the subject of the unfortunate man, who had hanged 
himself on Lennox estate, after receiving corporal -punish - 
tncnly some iveeks since. 

Mr. Nicliolas Brown called at my liouse early in the day, 
a day or two after the inquest had been held, and knowing him 
to be living on Lennox Estate, I said to him, " So you have had 
an inquest at Lennox?" He replied, "So he had learnt ; and 
an unfortunate case it was ; for he was a fine man — without ex- 
ception, one of the best people on the property — indeed the es- 
tate will feel it, for he will be a great loss to the property." 

He then, of his own accord, gave me a general account or 
description cf his character — representing him to be a sensible 
and valuable individual. He stated him to have heen the head 
cattleman on the estate, and that he had received corporal pu- 
nishment once before since the new law had come into opera- 
tion, by orders of Mr* White ; and that at this time he swore, if 
ever he was flogged again, he would put an end to himself. 
That J after receiving this first flogging^ he had gone to his 
overster, and intreated of him, to rulease him from minding 
the cattle, and put him to the field, stating that it was im- 
possible for him, or half a dozen more with him, to keep them 
from straying and trespassing, pointing out the extensive run 
of pasturage, and that the walls and fences were all down — and 
that, as most of the pastures were in high bush, it was impossible 
any one night, to collect in the whole of them — some would be 
left out ; and that, if his overseer would only give him his hoe 
and put him to the field, he sliould never have cause to com- 
plain against him; that he would carry on his roe the 1st of the 
gang. This request of his was rejected ; and he was made still 
to attend on the cattle. 

Mr. Brown, in continuation of his character, stated, that 
one evening after he, as head cattleman, had penned his cattle, 
the walnmen, v/ho had got twelve cattle at work in the wains, 
dropped their wains, and turned the cattle loose in the yard, 
instead of taking them to the cattle-pen. 

That the man- — 'the deceased — having heard of it, came to 
see about them. Meeting the wain boy, he ordered him to go 
back, and drive the cattle to the pen. The head wainman waa 
a brother to the boy, and he took part for the boy, and said he 
•would not allow him to go. On this deceased said he would make 
the head wainman himself take them, as it was his duty. So 
there was a contention between them, and deceased stript off his 
shirt, and had a battle with the wain-man. That, ou this, tho 
spxond driver came up, and interfered — and deceased also 
fought with him, and that whilst this was going on, the over- 
seei* sent down and put him into the stocks. He, being thus put 



257 



into the stocks, of course had it not iu his power to pen th© 
cattle ; and the others, vir. — the wainboy and man, refusing 
to pen them, they were left to themselves, and trespassed into 
the corn-fields, for which trespass deceased got the blame. 

The foregoing is the substance of the conversation, which 
left on my mind an impression of great hardship, It is neces- 
sary, however, on my part, to inform you, that when I made 
use of this information of Mr, Brown's, during some discussion 
of mine with certain individuals, it was merely to prove the 
propriety of my opinion of the mischiefs arising from the present 
system of apprenticeship ; and that part of the information 
which I have dashed under (here printed in italics) were the 
most particular points that fixed my opinion of its hardships. 

Should Mr. Brown deny any particle of this conversation , 
and if it is your wish, I shall be ready and willing to make ray 
affidavit to it. 

1 am, dear Sir, 
Your obedient Servant, 

HENRY STERNE. 



I heard- nothing further from Mr. Mc' Call about this 
matter; but, two days after, Mr. Nicholas Brown waited upon 
me and said, that in consequence of my letter, Mr. Mc* Call his 
Overseer had discharged him from the property, and, as he 
thought he would now become a marked man unless he could 
shew the facts of the matter, he requested of me to oblige him 
by giving him a copy of the letter which I had written to Mr. 
Mc' Call, so as to shew his (Mr. Brown's) friends ; accordingly, 
as I wished the young man well, I sat down and wrote out a 
copy of the foregoing letter, which I inclosed to him in the fol- 
lowing : — 

TO MR. NICHOLAS BROWN. 

Buff Bay, 20th July, 1S35. 
Dear Sir, 

At your request I annex you copy of my letter 
to Mr. Mc* Call, on the subject of the conversation which passed 
between yourself and me, respecting the unfortunate negro who 
hanged himself on Lennox Estate, 

What I have therein stated, is the substance of the con- 
versation that passed ; and I freely acknowledge, that when you 
held such conversation with me, I had not the slightest impression 
^ K 



258 



on my mind of your stating such from any ill feeling whatever ia 
Mr. M'c Call, or any one else, but only in the way of giving 
your expressions vent, as to the regret you felt for the unfortu- 
nate man. 

I must likewise freely exonerate you from any allusion to 
the trial of the man for which he got punished, and afterwards 
put an end to his life, as was adduced at the inquest, as you 
distinctly stated you were not there, but hud been out for change 
of air for some days. 

And I myself must take this opportunity of explaining, dis- 
tinctly, what I have spoken to others as regards your informa- 
tion. I have confined myself strictly thereto, without either refer- 
ence to the trial f wilier than what was adduced at the inquest^ 
viz., that he had been punished, and that he took it to heart 
and went away, and hanged himself. 

If your conversation as held with me are matters of fact, I 
see no cause why Mr. M'c Call, or any one else, should be of- 
fended at your having spoken of it. 

But, allowing such not to be the fact, but a made-up story 
of your own, I should certainly say you leave yourself open to 
severe censure. In hopes, however, that you can sufficiently 
clear this up satisfactorily, 

I remain, dear Sir, 

Your most obedient Servant, 

HENRY STERNE. 



The following is another case of monstrous atrocity com- 
mitted by Roger Swire and others, upon the persons of DAViD 
SHERIFF, ROBERT FISHER, and FANNY WALKER, 
three free blacks, who had been formerly slaves upon Gibraltar 
Estate, and became free by their purchasing themselves, about 
two years since. 

These three poor helpless blacks were very honest, quiet, 
and peaceable people, and were attached to the Society of Bap- 
tists, connected with the Reverend Mr. Barlow's Chapel, at An- 
notto Bay : the whole three were lawfully married to three slaves 
on Gibraltar Estate, and it appears, that the overseer was 
both jealous and annoyed at their so purchasing their freedom. 
He also being a sworn enemy to the sectarians, gave orders 
that those Baptists, as they were termed, should never be al- 
lowed to set their feet on the property. 

It appears that the whole three were, as I have said, ho- 



259 

aest and industrious — they Lad houses at which they liyed at 
Annotto Bay, about one mile from Gibraltar Estate, but fre- 
quently at night used to visit Gibraltar Estate ; the men to see 
their icives^ and the woman to see her husband y but this only 
source of domestic happiness was forbid them, and they were 
strictly charged, under pain of imprisonment, &,c., never again 
to set their feet on the property. 

The overseer, to enforce rigidly this abominable command, 
set his constable to keep nightly watch for them ; and one 
night, early in July, 18S5, the constables noticed, after dark, 
the two men going to their wives ; and the woman going to her 
husband's house. 

The constables told them, that they had received orders 
from their overseer, if ever they saw them on the property 
again, to lay hold of them, and bring them before him. Accord- 
ingly, they accompanied them to the overseer, who no sooner 
saw them^ than he made the Constables lock them up in a prison 
for the niyht ; and in the morning, he had them carried before 
a magistrate ; viz. — Adam Gray, Esq., who happened to be 
concerned for that estate, by being a joint receiver in Chancery. 
Mr. Gray, icho is a very worthy good man, was somewhat 
awkwardly placed, and wishing to dispense justice to the satis- 
faction of all parties, told these poor people, that they were 
transgressing the law by still persisting to visit the property, 
after the overseer had given them due notice never to go there 
again. The poor people stood aghast at such astounding words, 
and pleaded their marriage and connection, their children^ ^c. 
Mr. Chay, assured them, that the law was peremptory and 
made no provision for such cases, and concluded by advising 
them, on the Tuesday following, to appear before the sitting 
Magistrates at Bufl' Bay, and he would order the overseer to 
appear there also, and ttate his case, and then they would have 
an opportunity of hearing the law read to them by the clerk of the 
peace. The poor people now left him. 

On Tuesday, the 14th day of July, 1835, these tliree unfor- 
tunates, little dreaming of their coming doom, appeared at the 
Court-house Buff Bay, before the then sitting magistrates, who 
were ROGER SWIRE and WILLIAM HEWITT, the latter 
of whom is a Special Justice. They were charged by the 
overseer with trespassing upon Gibraltar Estate, and tliough he 
had not the slightest charge of any kind against them, further 
than that he had forbid their ever setting their feet upon that 
property; and although they, on their part, represented that they 
were lawfully married people, and only went to visit their own 
families,- yet, did thus e pretty judges sentence them, for so 



260 



duing, to thirty day* hard labour in chains^ in the Saint 
George^s workhouse. 

On the second Tuesday after their commitment, I received 
a friendly letter from the Rev. Mr. Barlovs^, by the hands of one 
of the deacons of his church, acquainting me with the case, and 
requesting of me, as a friend in the cause of religious freedom^ 
for which I was known to be a zealous advocate, to visit tlie un- 
fortunates with the hearer of his letter, and to send him the fuU 
particulars of their case. 

I did so, demanding from the jailer a sight of their commit- 
ment, when, lo and behold, to shew the illegality of their pro- 
ceedings, he had them in chains, both feet in the stocks, and 
close confinement, for they had refused to work, being free sub- 
jects. Up to that period, which was fourteen days from the 
time of their commitment, without any legal committing docu- 
ment at all, further than a memorandum, signed by R03ERT 
DUNBAR, as Deputy Clerk of the Peace, stating that they 
were to be held at hard labour for thirty days, under the Va- 
grant Act. 

This precious document I copied, and sent to Mr. Barlow 
with a full account of the illegal proceedings against them, 
strongly advising him to take up their case, and prosecute the 
Magistrates for false imprisonment. 

I was rery unwell that day, and remained very ill the re- 
mainder of the month, and, in the following month of August, I 
attended the Assize Court, on my own law business, and then, at 
the request of the Rev, Mr. Barlow, waited upon Mr. Anderson, 
the lawyer, and gave him a full statement of the case, but he 
declined taking it in hand, in consequence, he stated, of hig 
being the solicitor of the parish, and of course of the magistrates. 

He, however, handed it over to other lawyers, Messrs. Dallas 
and Duff, and I saw Mr. Duff respecting it; he gave me to un- 
derstand, that they would undertake the case. 

My own actions at law fully occupied my time ; and before 
the time came round of sending out the actions for the October 
grand court, my second case of Sterne v.Sivire'andall, had been 
tried, wherein the jury found for the defendants, and I had to 
pay their costs, of £101 13s. 4d., besides my own. This so 
alarmed Mr. Barlow and the deacons of the Baptist church, at 
Annotto Bay, that they thought it best to allow the poor suf- 
ferers to pocket the affront and send out no actions, lest Sir 
Joshua Rowe should serve them as he had served me. 

So this very gross and outrageous case was obliged to re- 
main unredressed. 



261 



We now come to this very nice question, which has caused 
much bickering between the Honourable House of Assembly, 
and the Marquis : and noiv^ to prove that flogging of females did 
exist long after the Abolition Law had passed, I annex the fol- 
lowing account. 

It will be seen, on reading the account of the poor woman 
who had received such an unmerciful flagellation in the work- 
house ; that the President had given orders to the driver of 
the workhouse to flog the women ^ and that the President was the 
Honourable John Bell, 

Now, the case in point is — that the Honourahle John Bell 
was in the habit of getting several of his women frequently 
sent to the workhouse ; and, though he did not get a direct 
written order sent with such women to be flogged, yet this driver 
knew perfectly well the intention, and did not spare them. On 
the Tuesday which followed the inquest of the poor woman — say 
Tuesday, the 2nd of June — Mr, Bell got Special Justice Fish- 
hurne to commit no less than thirteen of his women from 
Woodstock Estate f for three weeks to hard labour, in chains, 
in the workhouse. The gang used to pass my house fre» 
quently during the day, and I witnessed these women, or 
most of them, with their backs bare, and blood running from 
some, with marks of severe flogging. And I remember their 
having got so well flogged, that the Honorable John Bell did 
not allow them to remain in the work-house the whole three 
weeks, but released them on Sunday, the 7th June, only keeping 
them there five days. 

And, more than that — I have had these people complain to 
me, that they were absolutely flogged on his estate by the 
driver. 

Thus I know, and have proved, that flogging of the female 
has been carried on to a very great degree under a cloak, since 
the abolition of slavery. 



^vo^0 0utraS0 on a J^tmale* 



The following gross case took place on Kildare Estate, in 
Saint George's : — 

On Tuesday, the 4th of August, 1835, Bella Phelps, a fe- 
male apprentice belonging to Kildare^ came to me, complaining, 



262 



and entreating of rae to intercede for the release of her daugh- 
ter, Betsy Young, under the following circumstances : — 

Betsy Young, being an apprentice to Kildare (and has three 
young children,) was in the field, at work, digging cane-holes, 
on the morning of Thursday, the 30th of July, 1835. Now, it 
appears that digging cane-holes is a very arduous undertaking. 
Mr. Lemasney, the overseer had, upon this occasion, put some of 
the second gang people with the great gang, and so ordered the 
holes to be doubled by one able great gang man with one of the 
second gang ; and the whole were put upon task work — the 
whole were thus allotted off, except this Betsy Young, and 
a little girl from the second gang — so these two worked se- 
parately, each taking a separate hole— they considering, of 
course, that their task would be half the number of holes, which 
had two diggers to them — so they worked on. But, after break- 
fast, it appears, when Lemasney, the Overseer, rode out to see 
the gang; he called upon the driver, James Helps, (who also 
gave me this account, besides the poor girl's mother) and asked 
him the reason why the woman and the girl were not digging as 
partners together, and ordered the woman immediately to go and 
assist the girl, whose row was at the time a good way behind. 
The woman, Betsy Young, replied, that she could do no such 
thing ; that she 7vas but a poor weak woman herself, having a 
number of young children, and that she would keep to her own 
row, and dig oat her task. This put Lemasney into a terrible 
passion, and he ordered the driver to take her home, and put 
both feet into the stocks. This v*^as immediately done ; and she 
mas so confined^ with both feet in the stocks, commencing on 
Thursday, 30th July, 

All day Thursday — and Thursday night. 
All day Friday — and Friday night. 
All day Saturday — and Saturday night. 
All day Sunday — and Sunday flight. 

And, on Monday morning, she was taken out under a guard 
to work in the field — kept at work there all that day, and^ on 
Tuesday morning, the Ath August, was taken out and' carried 
before Special Justice Hewitt, at Buff Bay Court-house, and she 
was then committed by Mr. Hewitt to chains and hard labour 
in the St. George''s workhouse, with this appendage to her sen-- 
tence, that on her coming out of the workhouse, she was to work 
for the estate, as many of her own Saturdays as there were days 
lost to the estate by her being conjined in the stocks, at the 
orders of her oversi-er. 

This was the nature of the release that the poor mother 
had supplicated me to intercede for ; the case appeared »o 



263 



gross, and so contrary to law, tliat I was particular as to proof, 
making up my raind, if it turned out to be true, to lay the case 
before the Governor ; and it was at the instance of the mother 
that the driver waited upon me, and corroborated her state- 
ment, still telling me, that many others could do the same, as 
also the hot-house doctor of the estate, whose duty it was to 
keep the keys of the stocks, and see her get her meals : and 
moreover declared, that tlie woman was not at all impertinent to 
Mr. Lemasney, further than as I have stated, refusing to leave 
her own row. 

/ took the whole of the foregoing down in writing, and 
waited upon Special Justice Hewitt with it^ rvhich, after he had 
perused, he told me it was true ; but that Lemasney had re- 
ceived his sanction to keep her so long confined, having sent oiF 
an express messenger to him (Hewitt^ on the Thursday morning, 
and he being otherwise engaged, he could not attend before. 

Thus the Special Justice, so excusing Lemasney, 1 thought 
it useless to represent the case to the Governor. 



Saturdays are the days fixed upon by law, as the particular 
set apart day for themselves — and very wisely, for this reason — 
that they shall have no excuse for infringing on or polluting the 
Sabbath, by labouring in their own provision grounds on that 
day. 

Now, many of my readers might not be aware, that in Ja- 
maica the negroes have nothing whatever to eat, except their 
ground's provisions, which they cultivate in their own hours and 
in their own grounds. Thus the different families, after work- 
ing the whole first five days for their masters, receive the sixth, 
which is Saturday, to work for themselves ; and it is not for 
themselves either, for if they had not that day to get to them- 
selves victuals to eat^ their owners must naturally find them in 
provisions, or else they could not live torvorkfor them — so that, 
in truth, the whole six days they labour for their owners. 

Now, as I have said, the object of the law infixing on the 
Saturday for them, was to enable them to preserve holy the 
Sahhath day , and have an opportunity of going to Church, to 
hear the word of God. 



264 



But oh, my countrymen, this blessing — this precious boon, 
for which I have oft and oft spoken of, and contended for in 
Jamaica, has been lost upon them. 

Saturday is the marked out day — {in Saint George^s, I can 
vouch for having seen with my own eyes repeatedly, whole 
gangs at work till quite dark of a Saturday nighty) for punish- 
ment — the sliglitest fault, an half hour lost in turning out in the 
mornings — an arduous task work set, and not fully performed — 
any such as these, and they are condemned to loose their Sa- 
turday — and not one Saturday, my countrymen, but a succes- 
sion of them — I have grieved too oft to hear the sad accounts. 

On Spring Garden Estate, the property of John Rock Gros" 
sett, Esq., where Mr. Swire is the overseer, a driver named 
REECE, a good Christian man, who has partaken from the 
same cup at the communion table as myself, early this year, 
1836, came to me to complain, and to seek advice, stating that, 
in consequence of his not having forced the gang under his com- 
mand to complete a certain quantity of task-work allotted, he 
was sentenced by Special Justice Hewitt to forfeit no less than 
twelve Saturdays in succession ; that he had worked three then 
at the time he complained to me, and had gone to Mr. Swire 
interceding to he pardoned for the remainder, and had pointed 
out to him that he had a number of young children, whom he 
had to provide ineals for, and that he was a communicant in 
the Church, and dreaded the desecration of the Sabbath day.— 
But that all this had no ejEFect upon Mr. Swire, for Mr. Swire 
insisted upon his still working out the number of Saturdays, ac- 
cording to his sentence. And so this poor man came for advice, 
to me. / was grieved at heart for him, but I was powerless^ 
save in a spiritual way. I dared not, for the life of me, advise 
him to act otherwise than submit patiently. I was compelled to 
act here, as at all times,"with the greatest caution for the least in- 
discretion on my part,would soon have given my enemies around 
an opportunity against me ; and they knew full well how I took 
my stand, and set my face so entirely against such malpractices : 
these poor people ('the apprentices) knew all this and loved me : 
and a word or two in a spiritual way of comfort from me on such 
occasions, was like oil poured upon their wounds—they were 
comforted — they would return home in peace, blessing God at 
the idea that they had Christ as their Saviour, and that he was 
working all for their good. / read the AAth clause of the law to 
'poor Reece (reader look to it} and told him the law was there 
giving the Special Magistrate the full porver (oh, how shock- 
ingly abused,) advised him again to petition Mr. Hewitt, and 
{f he could not get pardoned, by no means to resist working, 
but to stick to it with patience and prayer, looking to God for 



265 



thjg result'— -that he would be more than amply repaid for his 
faith and patience in the day of account. The poor meat, sob- 
bed aloud, blessed mc^ and promised faithfully to adhere to my 
advice, which I believe he fully did. 

Another case of almost a similar nature oceurred on Len- 
^nox Estate, in St. George's. Early in 1836, also, the two head 
drivers, and head carpenter, came down to me together , on 
a Sunday morning^ for advice. I asked them why they 
came to me ? — how could I help them ?— why did they not go to 
the Special Justice ? They replied, that it was of him they 
had to complain — that they had no friend to look to — that there 
was no one in the parish, save myself, of whom they dared ask 
advice, and that they bad heard I was thejr friend. 1 said — 
but, my good people, do you not see h&w 1 am beset— enemies 
all around me — at law with the Magistrates — ousted out of my 
wharf, my furniture and property levied on for fines ; and then 
if these people find you are coming to me with complaints, they 
will swear that J am secretly a^lvisiing you, and I shall be 
ruined. They replied," Never mind, Sir ; though all be against 
you, you have God as your friend, and if he is with you, 
none of them can hurt you.^'' I said yes, that is very true ; he 
it is that has stood my friend, and has promised never to for- 
sake those who put their trust in him ; but then 1 must not pre- 
sume upon that promise, but must do ray duty to my fellow-men 
faithfully. They replied — Certainly, Sir, we know that ; and 
we only want you to advise us, and tell us if the Special Justice 
is right in so punishing us ; and if he is not, we wish to go over 
to the Governor. And then they told me, that, in consequence 
of some of the people turning out late in the morning to work, 
and the Overseer complaining, the ivhole of both gangs were 
sentenced to forfeit three montJis of their Saturdays, or twelve 
Saturdays in succession. This appeared to me a terrible hard 
case ; but this Estate had been noted in 1835 for punishment. 
It was on this estate that the head cattle-man had hanged him- 
self, so, knowing all this, 1 was compelled to act the more cau- 
tious. Thinking that most likely great blame was attributable 
to themselves, I read the 44th clause of the law to them, 
and told them, however hard their case, the law gave the 
power of inflicting such punishment, and therefore there was no 
help ; but advised and entreated them for the future to be more 
cautious — to try and make friends with their Overseer, and to 
seek his good will ; and that, if there should be a few obstinate 
evil-disposed people in the gangs, and they disobeyed the rules 
to represent them to the Special Magistrate for punishment , 
and not make themselves and the whole gang liable for their 
ill-conduct. These poor people thanked and blessed me most 
cordially, promising faithfully to abide by my good advice for 



266 



the future, and intreating of me not to communicate abroad oj 
their having thus been with w?e, as they did not wish it to be 
known. 

Thus, were J to go on, I could multiply cases of fact almost 
countless ,• but, considering the foregoing few quite sufficient 
for my purpose, I now propose to close my volume^ intreat- 
ing of such of my readers^ who have an interest at heart in 
the cause of humanity, not to slacken their zeal on behalf 
of these, their Black Brethren, and not to be under any im- 
pression that they are ill-deserving of their liberality ; for I 
pledge myself, from a twenty-one years'' experience, that they 
are fully deserving of the great boon they have received; and 
I further pledge myself, that, when the apprenticeship shall 
have fully ceased, they vnll, by their peaceable, honest, and 
indvstrious habits, fully realise the utmost expectations of their 
friends, to the confusion of their enemies. 



FINIS 



267 



<^oUmn ISecIaratiott. 



I, HENRY STERNE, wlio, for tlie past twenty-one years 
have been a residenter in tlie Island of Jamaica, by birtli a na- 
tive of Somersetshire, in England, but at present a residenter of 
the City of London, Esq. do solemnly and sincerely declare, that 
the annexed volume, piirporting to set forth "A statement of facts, 
submitted to the Right Honourable Lord Glenelg, His Majesty's 
Principal Secretary of State for the Colonies, of certain grie- 
vances committed upon me, under the administration of His 
Excellency the Marquis of Sligo, the late Governor, and Sir 
Joshua Rowe, the present Lord Chief Justice of the Island of 
Jamaica, has been wholly compiled and put together by myself, 
in the form now submitted to the public, at my own entire 
cost and charge. 

That, having been a zealous advocate in the cause of reli- 
gious liberty, I have been a marked object for destruction by a 
party, opposed in every shape to the free exercise of religious 
freedom, or the enlightenment of the liberated slaves ; and 
have been contending for the past two years, with justice on my 
side, against a host of powerful enemies. 

That, having been calumniated by a portion of the public 
press in Jamaica, who, backed by the powerful countenance of 
his Majesty's Attorney-General, Mr. O'Reilly, and the Chief 
Justice, Sir Joshua Rowe, in distorting and misrepresenting the 
evidence of a witness, on purpose to serve such party, and to 
gratify their own unmanly ill-feeling, I have been basely 
plundered of Tny rights and property. 

That by such portion of the Jamaica Press, and party, I 
have been held up to thepublic there as a spy-— as the agent of 
the Anti-Slavery Society in England and consequently, so(falsely ) 
called an enemy to the Island of Jamaica, and so, by such 
base acts and party feeling, I have been stripped of my pro- 
perty, to the almost ruin of myself and family. 

That, for the protection of my honour, the sacred love of 
truth, and an ardent desire of promoting the public good, do 1 
now come forward, to expose the baseness of such party feeling, 
by declaring most solemnly — 

That I never have been the agent of either party or^>rtrf/r.s 



268 



us so wijiistly represented. Neither hai^e I been backed or sup' 
ported hy a party ^ or parties of any description, as lias been 
so infamously put forth to my destruction. 

And that, although the public press so put forth that I was 
being borne, and would be borne harmless, of all the heavy ex- 
penses which I hare had to pay, and which are laid down at page 
229, in this volume. 

That I have neither received a pentiy, or the promise of a 
sinyle penny''s pecuniary assistance^ up to the present hour, 
from either friend or party, on account of this undertaking 
Avhatsoever. 

That I never held^ or had any communication with the Co- 
lonial Office^ further than is put forth in this volume ; and that 
I never had any intercourse with the Anti~Slavery Society in 
England, during the whole of my long residence in Jamaica. 

That the part I have of late years taken in Jamaica, and 
am still willing and ready to take again, was zealously and 
conscientiously undertaken, for the pure and disinterested m.o~ 
tive of benefiting m,y fellow m,en, (although bondsmen) and of 
thereby working out at length a public good. 

And never with ajiy view of pecuniary or self-interested mo- 
tives, further than the obtaining the love of those whose welfare 
I ardently and anxiously looked forward to, 

AND I make this solemn declaration, conscientiously believ- 
ing the same to be true. And by virtue of the provisions of 
an Act, made and passed in the fifth and sixth years of his 
present Majesty, William the Fourth, entitled ''An Act to re- 
peal an Act of the present Session of Pai'liament, entituhd, an 
Act for the more effectual Abolition of Oaths and Affirmations, 
taken and made in various departments of the State, and to 
substitute Declarations in lieu thereof, and for the more 
entire suppression of voluntary and extra-judicial Oaths and 
Affidavits^ and to make other provisions for the abolition of un- 
necessary Oaths. 

HENRY STERNE, 

Declared at London, this 
nth day of December, 1836. 

THOMAS KELLY, Mayor, 



HENRY STERNE, GRi 

The Fourth Son, or Ninth Child, of WILLIAM and AI 



NAMES. 



BIR 



The eldest Son of WILLIAM 

MARGERY WALKER 

They i: 

WILLIAM 

GREGORY 

RICHARD, the Archbishop 
of York 

FRANCIS 

THOMAS 

SAMUEL 

ANN 



1564. 

STERNE of Mansfield ; was marr 
Born or Baptized, 3rd ^September, ] 
ad Seven Children, as foHo-wj 

;20tli Marcli 1593, being Wedi 

i27thMay, 1595, " Tuesd 

9th April, 1597, " Saturc 

StliApril, 1599, '' Eastei 

23rd November, 1600, " Sunda 

25th August, . . 1604, " Saturc 

31st July, 1606, '* Thurs' 



The third Son of SIMON and MARGERY, of Mansfield, at 38 j 

ELIZABETH DICKINSON 1617, 

They had Thirteen Children, as follov 

ELIZABETH |26th May, 1 636, being Ascen 

RICHARD I 2nd June, 1637, " Friday 

EDWARD ! 10th November, 1639, *' Sunda 

RICHARD I31st January,.. 1641, " Sunda 

ELIZABETH j 12th April, 1642, " Easter 

EDWARD 9th January,.. 1643, '' Tuesd 

WILLIAM !20tli January, .. 1645, " Tuesc 

EDWARD |22nd September, 1647, " 1 or 2 

THOMAS !24th October,.. 1648, " being 

CHARLES |l7thJuly, 1650, " Wedi 

ANN j 17 th December, 1651, *' Wedr 

SIMON 13thi February, 1653, " Sunda 

LUCY |22nd November, 1655, " Tuesd 



The Seventh Child of RICHARD, A-rchbishop of York, and ELi: 

FRANCES CARTWRIGHT 

They had Four Children, as follows. 

ANN 2nd September, 1673, being Tuesd 

letb January, . . 1675, " Saturc 

20th May, 1677, 

13th May, 1680, " Thurs' 



WILLIAM .... 
ELIZABETH 
RICHARD . 



iSEilUam Jbterne, 

The second Child of WILLIAM and FRANCES ; their Heir at 

ELENOR BATEMAN 1685, 

They had Four Children, as Follows. 



MARY 

BEATRICE 

RICHARD . 

WILLIAM... 



5th December, 1712, 
18th March,.... 17 14, 
27th September, 1717, 
10th August, ... 1727, 



Eixe follotottts 10 a Shott account of the Urtc ano dTamtls of tUe author, 
HENRY STERNE, GRANDSON to ARCHBISHOP STERNE, ... YORK, ,n t... Fo.ut,, (.kn.hvt.on 

Tl,c Fourth Son, or Nin.h Child, of WILLIAM and AMELIA STERNE ; .he ror.er of Salisbury, in VVi„»hirc, and ,ho lauo. of Ba.h, ,n S .-rseKhiro : w«ho,n «. DuUc.on, in So,uer.'«,.hi,o, 0.,.i,.l -ifi 



tighter 10 GREGOKV WALKER, of Mm 



leoe, 4tjeu>. lull 



. mil April, .... 15'J9. 11 EFisler 



Tuc,dn;,;feu°t°!"„\'ii,'; 
Ds! " Ensler-claj, nboul 5 o'cl 



.1697,64 — Nnlh Aiale, (iWiuloi ChtunI, I 



iS4, a _ ^Woikiop, 

J"".' 1689,81 _ Norlh Aill., York 

Apnl....... 151)!), JD.jfc !si. Ptter'i, York. 

Decembtr, 1618,' 1»Y««r«. .Bri«lol, Doth j««i 
I DillQ I 



UicUaiU Stfrnc, 

„■ lliir.l s,„i of SIMON »nd MARGERY, of MninficU, al 38 yeara of oge wns morriea lo ELIZABETH, Daughter of EDWARD lid LUCY DICKINSON, (she bring 18 lem of ago), m Iho fui.h Chnreh of Hnmblailoo in Uuckioihiniikin on Ajrll 
<A11|;TI1 '''Ch^lNsON .^^^.^..^.^.^.^...^.^len.j^..^^.^.^^.^^^^^^ SGltMiuoh inn, »<Y.™r.. llyllrr fi.ll..r,in'lho«h«il..1o(l-'«Fnb'o.ongl, 1 



I Stene. Morger 



o'clock. 



Tueadajr, about 3 o' 

ediieidnv,' nl 

.,_iidi'.y, about - 

Tuesday, about 12 o'clock 



Wednesday, about I o'clock, p.m.... 
" ndi'.y, about 9 o'clock a.m 



,.|,C., 



Itb February, ..Dr. Lowe. Dr. VVincop. and Mrs. Mar^.r, vi, „„. 

10th April [John Lorcland, Susan Cooiber, and Mr.. \m1i,i.... .,i, V|m,, 

iamoDay iTl.omas Buck, John Rodes. and Mivrv 11,., J.iul,,. ., „1 , . 

12nd January, ..[l)r. E. Martin. John Keeling, and Ka'lli:,ri,„- WiHn,. D ,„l„ .. 






i[Mil\i,im atmif. 



bishop of York, and ELIZABETH, his Wife, their Heir at law, wai married to FRANCES, Daughter of WILLIAM and CHRISTIAN CABTWRIGHT, i 



WILLIAM IClh January.. 

ELIZABETH klllh Mnv, ... 

IIICIIARD ISlhmay, .. . 



.Cartwnght, Elii. Sterne, Christian Cartwnghl....... njs , m Year. lAverham. Noltinghamshir. 

I2thjnly MM, 13 _ VV„lon thoreh, aomo.seUhh 

• .......Sl.tJul, 1768, K6 - West Dean Chancel, WilUhi 

lin Digby. Shnon Sterne, and Susan CarWright .. .l25th No.ember. 1G«0.| t Month. JMansCrld. Nottinghamshire. 



.'Sir Thomas Saunders, Lady Crest. Mrs. E. Cartwright 26th Septeii 
. Tlir Duchess of Rnlland. Lord Bvron. General Sotton|llth Octnb. 
.!5ir K. Sullon. Jame. Pelham. Lad, Frances Manner.| 10th April,. 



— jWestonChnicb 



NAMES. 



D. 



The Fourtli Child of WJJOHN and MAR( 
SUSANNAH BLAKE..... 
They 



WILLIAM 

BEATRICE 

SUSANNAH 



John Blake 

James Rotb^ 

John Blake 



H 1 

2 
3 
4 
5 
6 
7 
8 
9 
10 



The Eldest Child of WI'ANIEL and ANT^ 
AMELIA SMITH f ■" 

They 

WILLIAM 1787 

LAURENCE l'?88 

AMELIA l'^89 

MARiA C\THARliNA1791 

bUSANNAH lTf93 

CATHARINE CAROL1796 

MARY ANN l'^97 

CHARLES 1T99 

HENRY 1801 

GEORGIANA MAKGj1807 



The Ninth Child of WIRY BURGESS, ] 
JOAN MURRAY BURG j 

Thef( j 

MARIA AMELIA .. ..forge's, Jamaica. |j 
HENRY LAURENCE 



GEORGIANA MARGA 



SUSANNAH CATHAFrd. east,London|J 
* This Child was takeiChristened, the Fj 
Sponsors, and referring to th,pertorm the cereii 
unless they hare been Comn^ill, Jishmg- to kj 
state of society in Kingston M Table, pressed f( 
Christened at Limehouse Chv 



Note I. -MARGERY S'^J'^^l^d three 
children :-EUzabcth, born 25^ht died 15th 
March, 1651, aged 11 years. 

2.-SAMUEL STERNEhey stumbled 
upon at Mullengar, in Ireland, 

3._RI CHARD STERlfe. but died 
without issue* , 

4.-SIM0N STERNE, tfngton, near 
York ; they had a large faoiily. 



APPENDIX. 



THE 
FOLLOWING ARE A FEW EXTRACTS 

FROM 
RELATIVE TO 

^rcfifitjiiioji Sterne^ 

In FULLER'S CHURCH HISTORY, since the conquesti 
Pag« 167, Year 1642 reads:— 

" The Masters and Fellows of Colleges send their Plate (or 
money in lieu thereof) to the King, to York, many wishing that 
every ounce thereof were a pound for His sake, conceiving it 
unfitting that they should have superfluities to spare, whilst their 
Sovereign wanted necessaries to spend. 

(168) Drs. STERNE, Martin, and Beale, Masters of Jesus*, 
Queen's, and John's Colleges, are carried to London, and im- 
prisoned in the Tower, for their activity in securing the College 
plate for the service of the King. 

(no) Some perchance maybe so curious, hereafter, to know 
what removals and substitutions were made at this time amongst 
the Heads of Houses ; now, although a man may hold a candle 
to lighten Posterity so near as to burn his own fingers therewith, 
I will run the hazard, rather than be wanting to any reasonable 
desire. 

Masters put out — Twelve. 

No. 8, is Dr. RICHARD STERNE, of Jesus College, 
and Chaplain to Archbishop Laud. 



In BROWNE WILLIS'S, Survey of Cathedrals, 3 Vols., 
in 1742, say vol. 1, page 57 : — 

"He is there again spoken of as S. T. P. Bishop of 
Carlisle, and afterwards as Archbishop of York." 



In THOROTON'S NOTTINGHAMSHIRE, vol. 3, Page 
83, reads :— 

"HEXGRAVE PARK, is demised to Mr. Sterne, Son of 
the most Reverend Richard, the present Lord Archbishop of 
2 M 



iBEttlliam Stcine, 

: Fnurlh rlilld of WILLIAM and ELENOR ; 
SUSANNAH BLAKE Bill October, . nSi 

WILLIAM l«h Seplcreber, 11 

BEATRICE 6Hi November, 17 

SUSANNAH Issnd March, .. n 



I MARGARET BLAKE, al the Parish Chnrch of St. • 






ruesdaV, 2 o'clock, 



,.|5th November, ., |John Blato, James Rotbwell, and Beatrice Rooke ..126th Janaary, .. 1818 I 5i 

..9th December, .. Jamea Rotbvrell, Mrs. Blakc,and Mrs. Rooke SOth Janoarj, .. 1808'. 1: 

..»rd June |jolm Blake. Beatrice Rooke, and Marj Rotliwell ... 



IClerkenwell Chapel, London, 
Dulverton — - 
.ALIVE 



Dulverton Chorch, Somei 



iSBtilliam Stcvnc, 

The Elilcit Child of WILLIAM and SUSANNAH : thoir Heir at Law ; 
VM ELI A SMITH , ■ 



1 to AMELIA, Daughter of DANIEL and ; 



December 10, 1199 
Innocents d,ayl8ill 
Uol;.... 12, ISOll 



) Gth of February, 1786. 



....ALIVE in 1837. 



j5;hVu-iy;.v::;.-r8-oV. 


•;9-v;;;; 


23rd February, 1800 


f'F 













r£r 



Dulverlon Churcli, 
|Clcrkenwell Clmpel. 

'alive in 1837. 



")evou, near Exeler, 
C3- See Note G. 
(P^* See Note 7. 



. Niuth Cl.lltl of WILLUM And AMELIA ; waa married tp JOAN MURRAY, the Third daugliter of HENRY BURGESS, Esquire, of Saint George's, Jaraai 
) MURRAY BURGESS, born 15lli April, .. 1805, in Saint George's, Jamaica. 



CN.B. Mr. Bm 



22nd April, 



1828,]E)i2R Murray Bargesa, Jtine Duncan Davies, and James George Graliam. 
1830, Robert Gray KirkTand, ThomosOnn, and Colbarine H. BurRess. 

'-- - _ .._ ^ . -. ^ ml Mrs. Manila Cadiarine I 



i\RIA AMELIA I 6th April, 1828, being Tuesday about 2 o'clock, p. m., at Buff Bay, Saint George's, Jamaict 

iRV LAUKENCli | 8th December, 1830, " Wednesday, about 11 o'clock, p. m,, do. do, 

['■QilGlANA MARGAltET|lStIi November, 18S2, " Sunday, about 10 o'clock, p.m., Kingston, Jamaica, * 

JSANNAH CATHARINE ;30thSeptcniher, 183G, " Friday, about 10 o'clock, p.m. 13, Commercial-pl.Com.-rd. east, Londo 
TbieCliildwas taken to the Churcb, in Kingston, Jamaica, at the a^e of five weeks, for the purpose of being Christened, the Father and Mother wishing to become Sponsors; but the ofiicinliug Minister, Mr. Hill, Curate for Kingston 

h..v"iii».' been Communicants at the Lord's Supper. Mr. Sterne, therefore, put the nuestion to Mr. Curate Hill, wishing to know if he was as rigorous to that part of the Canon, as be was wisliing to enlorre upon l.im. Mr. Hill npl 
I. Stcme, being regular attendants at tlie Communion Table, pressed for the Christening of their Child, T)ut being still refused, they declined bavliig her CLriatened in Jamiiicu, 



1PS7, William Pater, 

dilto'RJchard Pater, Esq. M.D., Amelia Rey 
ither and Mother wishing to become Spi 



270 



York, and to Frances, hisWife, one of the daughters of WJlHaiu 
Cartwright, of Normanton." 



In FRANCIS DRAKE'S History of York, Page 464, 

Is to be seen a large Copper-Plate Print, of the splendid 
monument erected to his memory, in the Cathedral of York, 



In EDMUND CARTER'S history of the University of 
Cambridge, published 17 53. 

Page 210. Richard Sterne, Master, and Archbishop of 
York, gave £40 per annum, for the founding of four Scholar- 
ships, at £10 each. 

LEARNED WRITERS. 

Page 514. Archbishop Sterne , of whom at his first Place, 
viz. Benet College. 

MASTERS. 

P^age 216. 16. Richard Sterne, S.T.B. 16S3, after S.T P. 
Fellow of C. C. C. He was, with a great many other Loyalists, 
dispossessed by Parliament, March 1 3, 1643, 

ibid. 19. Richard Sterne, August 3, 1660, restored, and 
the same year, December 12, consecrated Bishop of Carlisle, 
when he resigned, and in 1664, was made Archbishop of York. 

Page 220. A List of the ejected Loyalists. 
Richard Sterne, D.D. Mastership. 
Harlton, R. in Cambridgeshire, and 
Yeoviltcn, R. in Somersetshire. 

He was born at ATans^eW in Nottinghamshire, but descended 
from a Suffolk Family; had been a Scholar of Trinity College, 
and Fellow of Corpus Clrfisti College, in this University. Upon 
the breaking out of the rebellion, he was very active in sending 
the College plate to his Majesty ; for which, (together with Dr. 
Beale, Master of St. John's, and Dr. Martin, Master of Queen's,) 
he was, by Cromwell, (who had, with some parties of soldiers, 
surrounded the several chapels, where the students were all at 
prayers), seized and carried in triumph to London. In the 
villages, as they passed from Cambridge to London, the people 
were called out by some of their agents, to abuse and revile 
them ; they were also led leisurely through the midst of Bar- 
tholomew Fair, where they were entertained with exclamations, 
reproaches, scorns, and curses. 

They had been near a year under restraint, in several 



271 



prison8,(wliere, by paying exorbitant fees,&c. they were reduced 
to the utmost extremity, having before been plundered of all 
they had), when they were, by order of Parliament, put on 
board a small ship called the Prosperous Sailor, then lying at 
Wapping; where they were no sooner come, but they were 
instantly put under hatches ; the decks were so low, that they 
could not stand upright, and yet, denied stools to sit upon, or so 
much as straw to lie upon. Into this little ease, they crowded 
no less than eighty prisoners of quality, and that they might 
stifle each other, having no more breath than what they sucked 
from one another's mouths, most maliciously, and (certainly) to a 
murtherous intent, they stopped up all the small augur-holes, 
&c. that might relieve them with fresh air. In this condition, 
they were more like galley slaves than free-born subjects, though 
men of such quality and condition ; and had been so indeed, 
might some have had their wills, who were bargaining with 
some merchants to sell them to Algiers, or as bad a place, as 
hath been since notoriously known, upon no false or fraudulent 
information. After this. Dr. Sterne was removed from the ship, 
and kept confined in prison. At length, having lost all he had, and 
suffered to the last degree for his LOYALTY, he was permitted 
to have his liberty ; after which he lived obscurely till the resto- 
ration, when he soon became Bishop of Carlisle, and then 
Archbishop of York, in possession of which he died in 1683, in 
the 87th year of his age. He was a man of eminent worth and 
abilities, a person of unshaken loyalty, and assisted in compil- 
ing the Polyglot Bible. 



In JOSEPH WILSON'S, account of the Colleges in Cam- 
bridge, published 1803, page 39, 

He is ranked amongst the Benefactors of CORPUS 
CHRISTI, or BENET COLLEGE, 

Page 45. 

" RICHARD STERNE. Archbishop of York, 1664, 16th 
Car, II, After taking orders, Mr. Sterne was appointed Chap- 
lain to Archbishop Laud, and was particularly active in con- 
veying away the College plate, for the service of the King, 
which so offended Cromwell, that he caused him to be seized, 
and conveyed to London, where he was sent on board a ship 
laying at Wapping, put under the hatches, and treated with 
the greatest inhumanity; he, however, obtained permission to 
attend, and perform the last offices for his friend on the scaffold. 
After living in great obscurity until the Restoration, he was 
made Bishop of Carlisle, and afterwards translated to York. 
This prelate was a man of great worth, and eminent abilities; he 
compiled a System of Logic, and wrote a Commentary on the 103rd 
Psalm; he read the Bible with so much attention, that he enu- 



272 

merated no fewer than 3600 errors in the translation. By his 
will, he left £1850^ to the re-building of St. Paul's, and died 
on the 18th of June, 1683, aged eighty-seven. 

Page 175. 

The principal Benefactors are, Stanley, Bishop of Ely, Sir 
Robert Read, Dr. Keston, Dr. Fuller, Lady Price, Lady Mar- 
garet Boswell, STERNE, Archbishop of York, who gave a yearly 
pension of £40, for four Scholarships, &,c. 



In the Ancient and Modern History of the famous City of 
York, published by T. G. 1730, reads:— 

CATHEDRAL OF St. PETER. 

Page 61. He is ranked in the list of Benefactors. 

Page 83. Richard Sterne, 1664. Archbishop. He dyed 
1683. He gave the Communion Plate to the Church, in all 
208 Ounces of Silver. 

Page 93. X. Archbishop Sterne's is a Noble Monument, 
railed in, under the little N. E. Window, leaning his Head on 
his left Hand ; two Angels, over him ; and he has this Epitaph in 
Two Columns. 

'^ht fiv^i Column i^ ihn^. 

Hie spe futurcB gloria situs est 

RICHARDUS STERNE Mansfeldiae hone utis par entibus ortus ; 

Tria apud Cantabrigienfis Collegia certaiim 

Tpsum cum superbia arripiunt, etjactant suum, 

Sanctae et Individuae Trinitatis Scholarem^ 

Corporis Christi Socium, Jesu tandem Praefectum meritiffimum ; 

Gulielmo Cantuariensi martyri a sacris in fatali pegmate astitit: 

Ausus et ipse inter pessimos esse bonus, et vel illo commori ; 

Postea honesto concilio nobili formandee juveniuti operant dedit; 

Ne deessent qui Deo etRegi cum licueiit rite servirent : 

Qiio tandem reduce {etiam cum Apologia et prect) rogatur 

Ut Carliolensis esse Episcopus non dedignaretur : 

At 7ion illij magis quam soli^ diu latere licuit : 

In humili ilia Provincia satis constitit se Summam meruisse ,• 

®fie ^econtr Column* 

Ad Primatam igitur Eboracensem, ut plena splenderet, Gloria 

cvcctus est : 
in utroque ita se gessit ui Deo prius, quam sihi prospicerct ; 
Ucclesia^ spoliatas olim dc sua vel dolavit, velditavit amplim ,• 



273 

S'on antiquu Ecclesia Fatrihus irnpar fuisset ^ si coatvus ; 
Omnis in illo enituit^ quce Antistitem deceat^ et ornet^ virtus ; 
GravitaSj Sanctilai^ Charitas, rerum omnium Scientice^ 
In utraque fortuna per animi firmitas et constantia, 
^quissimus ubique vifes tenor, regiminis justitia et moderatio^ 
In sexto supra octogesimuni anno corpxis erectum. 
Oris dignitas, ocidorum vigor auriumque, animi presentice, 
Aec ulla in senectute ftex, sed adliucfios prudentia: 
Satis probarunt quid mensa possit, et vita sobria. 



-,,... T .c A \ Sahitis, 1683. 
Obiit Jun. 18. Anno > ' 

5 ^ talis sucB 87. 



THAT IS, 

Here lies, in Hope of a glorious Resurrection, Richard Sterne, 
descended of respectable Parents at Mansfield. At Cambridge 
three Colleges proudly boast the Honour of him. He was a 
Student of Trinity, Fellow of Christ^s, and afterwards Master 
of Jesus College. He attended upon Williayn of Canterbury ^"^ 
Martyr, when he suffered upon the fatal Scaffold. In that im- 
pious age bis Goodness was so conspicuous, that he was not afraid 
to suffer with him. He endeavoured the Improvement of Youtb, 
that upon occasion there might not be wanting a proper supply 
in Church and State. Afterwards he was bumbly desired to ac- 
cept the Bishoprick of Carlisle; but it was no more possible for his 
Virtues to be conceal'd than for the Sun to belong totally eclips'd. 
In that humble province, it was plain, the best did not transcend 
his Merit. He was advanced to the Arclibisboprick of York, 
that he migbt shine in full Glory. In both lie so behav'd him- 
self, that be consulted tbe Glory of God before his own Interest. 
Churches, formerly robb'd, be, out of bis Generosity, either en- 
dow'd or enricb'd. Had be been coeval, be would have been 
co-equal to the primitive Fathers of the Church. Every Virtue 
brightly sbone in him, which might adora a Prelate : Gravity, 
Sanctity, Charity, Universal Knowledge^ In all Contingencies 
he was of an even temper: Justice and Moderation appear'd 
throughout tbe whole Tenor of his Life. The Uprightness of 
his Body at 86, the Majesty of his Look, the Liveliness of his 
Eyes, and the Quickness of his Hearing and Apprehension, evi- 
dently prove the Effects of a regular and sober Life. He dy'd 
the 18thof Jwne, in the Year of our Salvation, 1683, and of his 
age, 87. 



* Archbishop Lawd, who was beheaded on Tower-Hill, 1644. On the fatal 
Scaffold he preaih'd his Funeral Sermon, from Hebrews XII. ?, Let us run 
with Patience the Race, &c. 



274 



And now, to be very brief respecting tlie AUTHOR. 

Family difficulties caused the removal of himself and his 
father's family, in 1808, to Bristol, where, by the special kind- 
ness of friends, he was placed in Colston's school ; from thence, 
in 1812, he was removed by his worthy kind relation, Thomas 
Hobhouse, Esq. of Bath, and placed at Mr. Hill's Academy, 
Almondsbury Hill, near Bristol, to complete his studies. In 
1814 he was finally removed from school, and joined his father's 
family in London, when he was immediately placed in Messrs. 
Routh, Le Mesurer, and Co.'s counting-house, Austin Friars. 

About the middle of 1815 his- family, being intimate with a 
few worthy characters of Jamaica, then in London, say George 
Panton, Esq. and his family, of St, Thomas in the East, Mrs. 
Richard Panton, Manchioneal, and Mrs. Browne of St. George's, 
he determined on seeking his fortune abroad, and, accordingly, 
under the patronage of these kind friends, more particularly of 
Mr. George Panton, he sailed for Jamaica, where he arrived, at 
Port Antonio, in the ship Neptune, Captain King on the 28th of 
October, 1815. He was sent at once as a planter fthere de- 
nominated a book-keeper), on Elmwood Estate, in Manchioneal, 
and having served his time, fully, as a book-keeper, on various 
Sugar Estates in Manchioneal, till 1820, he became Overseer of 
Whitehall Estate, in Portland, till 1821, when he sailed for 
England ; but, in 1822, he again returned to Jamaica, under the 
patronage of several kind friends, but more particularly of 
Maurice Jones, Esq. of Portland, and was, by that gentlemani, 
appointed overseer of Seamen's valley Estate, In Portland ; but 
in consequence of ill health, in 1823, was removed, and became 
overseer of one of Mr. Jones's own estates. For some time Mr. 
S. was overseer of Salt Savanna estate, in the parish of Vere, 
one of Mr, "Wildman's properties, then under the management 
of William Taylor, Esq., but, for the past ten years, Mr. Sterne 
has been principally concerned in mercantile pursuits, both in 
Kingston and St. George's, besides having the overlooking a few 
small properties. 

But, finally for him, early in 1835, in consequence of the 
non-interference of His Excellency, the most noble, the Marquis 
of Sligo, the then Governor of Jamaica, with the prayer of his 
petitions, as laid down in this volume, and the countenance 
given by His Excellency to his enemies, his business and pur- 
suits, of every description, have been totally overthrown, to the 
present period of 1837. 



FURTHER APPENDIX. 



Since closing my volume, 1 have receivedj through a t'rieady 
copy of the Jamaica Wharfage Law, under color of which the 
DANIELS of Saint George's, proceeded to work my ruin. 

I give it verbatim as it stands, in order that my readers 
may read and understand it for themselves, and then they will 
be enabled to see more clearly, the true sample of Jamaica 
Justice. 

It is only necessary for a man to become a marked character 
there, and his destruction is soon decided upon ; and tbat too 
under color of law, particularly when backed by the immense 
power then against me, viz. the Governor, the Chief Judge, 
and the Gustos or Chief Magistrate of tlie Parish in which 
I lived. 

Reader pray do attentively consider this, for it equally con- 
cerns yourself, as it does the Author, although he has been the 
only suffering victim. 

On reference now to Page 61, will be seen the summons and 
charges preferred against me, viz. that Henry Sterne, Wharfin- 
ger ^ at Buff Bay, in the parish aforesaid, hath refused to give 
to the said M, F.O.Lemasney^ the weights of certain hogsheads 
of Sugar, sent to the said wharfs by him^ to he skipped. 

Then turn to Page Tl, and read the summary trial as taken 
down by the Clerk of the Peace, for a copy of which I was com- 
pelled to pay the sum of £2 1 5s,, and there my reader will see 
the charge distinctly set forth, viz. POFl REFUSING TO 
GIVE THE WEIGHTS OF CERTAIN HOGSHEADS OF 
SUGAR, SENT TO BUFF BAY WHARF TO BE SHIPPED. 

And, now, pray let me ask, where, and what part of the law 
empowered the Magistrates, or say — DANIELS, to take cogni- 
zance of the charge preferred? I say, none. My Counsel, Mr. 
Watkis, to whom 1 had rode expressly more than 100 miles, de- 
clared there was none (see page 59), and that they had no power 
whatever against me, under such a charge ; yet these DANIELS 
were so determined— had so made up their minds before the 
mock trial commenced, that they refused to hear all manner of 
reason-=-refuied to hear out my witnesses, acted throughout the 
2 N 



276 

laock trial iu the most disgraceful manner, as was afterwards 
proved by witnesses iu an open Court of Justice (see pages 100, 
101 & 105 to 107), and finally decided (see Page 63), that hav- 
ing duly examined the matter, they found the same to be 
fully substantiated and proved. 

They, thereupon, set their hands and seals to the warrant of 
distress, for a fine of £25, to go to the Informer, LEMASNEY, 
and £5 costs for the clerk of the peace, and further costs for the 
constable. 

This warrant, kind reader,(seep 63) was the only document 
that enabled me to bring my action against them, and that only 
because they included costs the law only authorising them to lay 
a fine, and not costs, so that you see tLe ROGUES were caught 
in their own trap, by the ignorance of the clerk of the peace 
overdoing the thing, as the Chief Justice termed it (seepage 
105), the DANIELS sheltering themselves under the conclud- 
ing clause of the act, "TAai the proceedings could not be re- 
moved, 8fc." so that you see how easily a man might be ruined, 
and get no redress ia Jamaica, under color of law, when the 
ruling powers are against him. 

The whole of this most infamous and nefarious transaction 
was at once laid before His Excellency the Governor, ON 
OATH, (see page 37), and by him, I have lull proof, was sub- 
mitted to Sir Joshua Rowe, the Chief Judge(my avowed enemy), 
for adrice, and yet no notice taken, or protection given to me, 
which if done, miglit have saved me from entering a court of 
law, and bringing down all the ruin that has followed. 

Who then, I ask, that may read tliese pages, will be so 
callous — so lost to every fine feeling for themselves — for their 
fellow men — for the sacred love of protecting truth and justice, 
as also of exposing and putting down oppression as not to send 
in their mite, and assist me in this my most arduous undertaking. 

Let the reader bear in mind, that this very Lemasney the 
now informer was the party who acted as agent for, and rented 
to me the wharf, and knew full well that there were neither 
•weights nor scales at the wharf, wherewith 1 could possibly have 
weighed a hogshead of sugar, if I had been even called upon to 
do so. 



AN ACT 

FOR THE GENERAL REGULATION OF 

WHARFAGE & STORAGE. 

[22nd December, 1803.] 

JIJjMrl^elia^fl^ the act of this island; for 
5BBfcW' the general regulation of wharfage and 
storage, made and passed in the year one thousand 
seven hundred and eighty-four, has been found im- 
perfect, and further regulations are become neces- 
sary: iHa» it plta.^c gour J^lafrdtg that t't 
ma» ht rnacttt? hv tht lietitntattt gobernsir, 
cotincti, antr a^sStmblp, of titt.g gotir islaiiitr 
of ^Jamaica, antr it is fievcfs^ cnactcli h^ 

tht autflOriti) of tllt ^amr, That the said act, 
and every clause, matter, and thing, therein con- 
contained, be, and the same is hereby, repealed 
and made void, to all intents and purposes what- 
soever. 

IT. Unt^ ht it further gnact^tr h^ tht 

authority afOrC^attr, That from and after the 
first day of January next, every owner or owners, 
lessee or lessees, of any wharf or wharves, or any 
person or persons acting under him, her, or them, 
and who shall receive payment for any goods, 
wares, or merchandise, landed on, or delivered at, 
his, her, or their wharf or wharves, or from any 
vessel lying and delivering thereat, or on the ad- 
jacent beach, the said owner or owners, or person 
or persons acting under him, her, or them, shall be 
deemed and taken to be a public wharfinger or 



278 



^harfingerg; and the said wharf, wharves, or land- 
ing places, shall be deemed and taken as public, 
and within the meaning of this act. 

in. ^ntr ht it furtfier enattetr h^ tht 

mxthQVit^ afpregai^, That every such wharf 
shall, at all times, have thereon, ready and fit for 
use, and in good order and condition, a sufficient 
number of houses, sheds, rum stores, under lock 
and key, skids, tarpaulins, weights and scales; and 
and that every such wharfinger shall be, at all times, 
from sunrise to sunset, ready to receive and de- 
liver, and to count, weigh, and gauge, all goods, 
wares, and merchandise whataover, to be received 
on, or delivered from, every such wharf respec- 
tively: ^ttXir, for prevention of any doubt as to 
the weighing and gauging hereby intended, H t^ 
€):prt0^!50E C!arcB,That every particular hogs- 
head, puncheon, cask, or other package whatever, 
in its nature reqmruig weighing or gauging, shall be 
individually so weighed and gauged; and any 
wharfinger, who shall in anywise make default in 
any of the particulars herein aforesaid, shall, for 
every such offence, forfeit a sum not exceeding 
fifty pounds. 

jy. '^xxn ht a tnxi'btx nx^ttt^ ijg the 

autlmn'tll afortj^attr, That, on every such wharf, 
a wharf-book shall be at all times kept, wherein 
shall from time to time be regularly entered- all 
goods, wares, and merchandise whatsover, received 
on, or in anywise delivered from, such wharf, and 
the weights, gauges, and quantities; and also the 
marks and numbers of all such goods, wares, and 
merchandise respectively; and also the names of 
the persons and estates from, and to whom, such 
^oods, wares, and merchandise, shall respectively 
be received or delivered : And every such wharf- 
took shall, within twenty-eight days after the first 
cjay of January, in every year, be verified upon 



279 

affiidavit, exempt from any stamp duty, in manner 
following; that is to say, 

/, A. B. Tvliarjinger at or clerk to 

wharfinger at do swears 

that the account contained in this wharf -hook, for the year 
ending on the thirty-first day of December last^ is just and 
true, in every particular ^ to the best of my knowledge and 
belief: 

Which oath, entered in such wharf-book, and sub* 
scribed by the deponent, any magistrate of the 
parish in which such wharf may be, not being a 
person interested in the said wharf, is hereby em- 
powered and required to administer; and any 
wharfinger, whose wharf-book shall not be verified 
in manner herein aforesaid, shall not recover, in 
any action for any wharfage of any 3'ear for which 
such wharf-book shall not be so verified ; And every 
wharfinger, in respect to whose wharf default shall 
be made, in any of the particulars herein aforesaid, 
for any one year, shall, for every such offence, for- 
feit the sum of five hundred pouinls, to be re- 
covered by action of debt, to be commenced in the 
supreme court of judicature of this island, by any 
person or persons suing for^the same, to his or their 
own use, together with full costs out of purse, to 
be taxed by the clerk of the said court. 

f V. ^ttti ht it fnvthtv tnatttXf h^ tht 

attthontg afOtrejSattJ, That, on every such wharf, 
ar table, legibly written, of the rates which may 
legally be demanded at such wharf, shall, after the 
first day of January next, be, at all times, kept open 
to public view and inspection ; and any wharfinger, 
for default herein, shall, for every offence, forfeit 
the sum of twenty pounds: J^robtlJttF K\b}K^$^, 
That, in parishes in respect to which no law now 
subsists, or shall be passed in the present session 
of assembly, for regulating rates or fees for wharfage 
and storage, the rates and fees established by the 
act hereby repealed shall be deemed and taken to 



280 



be the legal rates, in the same manner as if the 
same were herein inserted, for, touching, and con- 
cerning the said wharves. 

VI. <M.\\1s ht it fwvihtv ennrtrt? hp tfit 

autllOtlt^ afOrt^aitr, That if any wharfinger 
aforesaid shall, directly or indirectly, ask, demand, 
receive, or take, any greater rate of wharfage than 
is payable by law, at his or their wharf, every such 
wharfinger shall, for every such offence, forfeit the 
sum of twenty pounds. 

VII. 'Mnls h2 it fiittlier tnactt^ hu 
tin atttltontg aforr^attr; That for every 

parish where there is or shall be any public wharf, 
the receiver-general of this island for the time 
being shall, with all convenient speed, procure, at 
the public expence, from Great-Britain, one set of 
such standard weights and necessary appendages 
or appurtenances, as are mentioned in a certain act 
of this island, entitled, ^^n act for appointing stand 
ard weights to be kept at sundry places ntar the out' 
ports of this island : and to oblige the persons keeping 
such weights, and the clerks of the market^ to prove 
all weights hy the standard at stated times ; of which 
said act all and every the provisions are hereby 
declared, and shall be deemed and taken to be, 
in full force and effect, with regard to the standard 
weights hereby directed to be provided, as if the 
same were herein re-enacted and set forth, save 
only as to the places of deposit for such standard 
weights; and which places of deposit shall be fixed 
in the most convenient manner, by the justices and 
vestry of the said parishes respectivel}^ 

VIII. ^nt? l3e it ftittlier ntactc^ h^ 

tilt aittliontg afortigaitf ; That receipts, 
when demanded^ shall be given for all goods, wares, 
and merchandise whatsoever, which shall be in 
anywise received upon any such wharf; and for any 
default herein, every such wharfinger shall forfeit 
a sum not exceeding twenty pounds. 



281 



IX. ^nts 1)0 It fiu*t!ier rnactc-t 'Bg 
tilt autfioritg aforc^atU ; That no such 

wharfinger shall be deemed to be under an obliga- 
tion to deliver any goods, wares, or merchandize, 
from his wharf, unless wharfage for the same shall 
be paid or tendered, according to the rates which 
may be legally demanded. 

X. ^nU h2 it furtlier ntacte^ hi} 

tlie aUtllon't^ afCsrt.C^aiS^ ; That in any 
plaint of damages against any such wharfinger, 
where the damages sought shall not exceed the sum 
of fifty pounds, the same, and any penalties hereby 
imposed, not exceeding fifty pounds, shall be tried, 
adjudged, and determined, and the damages or pe- 
nalty recovered, in a summary way, before any 
three justices of the peace of the parish in which 
the wharf shall be, to the use of the person suing 
or prosecuting for the same, whose testiaiony is 
hereby declared admissable thereon; and, upon 
conviction, payment shall be enforced by warrant, 
under the hands and seals of the said justices, or 
under the hand and seal of any one of them ; and 
the proceedings in any such case, shall not be removed to^ or 
revised bt/j the supreme court^ or any other court whatsoever. 



The following is the Special Constable's Warrant, or Com- 
mission, alluded to by me, at page 75, to which my servant, 
David CLrke, was sworn to obey, 



1 DAVID CLARKE, in the presence of Almighty God. 
solemnly declare, that 1 will well and traly serve our Sovereign 
Lord, King William the 4th, and that I will faithfully execute 
the office of Constable over the apprentices of Bwft' Bay, Saint 



282 



Georges, apprenticed undei- the Act for the Abolition of Slavery j 
and that I will,to the'bestof my ahiliiy y maintain peace andyood 
Ordtr^ on the said Buff Bay, Saint Georges, under the direction 
of my Master, or Managers there, and that I will use my best 
endeavours to secure, and place in confinement, any apprenticed 
labourer, under the said act, not employed on Buff Bay, Saint 
George's, who may be found loitering thereon,^without the know- 
ledge or permission of ray Master, or the Managers of the said^ 

So help me God His 

DAVID X CLARKE 



Mark. 



SWORN before mc, this 20lh > 
day of September, 1834, § 



FREDERICK Vi^ITE, Special Justice 



Now kind reader, with this sworn in Commission of Special 
Constable Clarke, you will more clearly see the gross injustice, 
inflicted upon him, as described in this volume. 



INDEX. 

AFFIDAVITS, Sterne's, 2, 14, 27, 37, 144 

" " to contradict Mr. Attorney-GeneraPs 

assertions, 190 
" " respecting inquest at workhouse, 252 

" '* respecting tliig publication, 267 

" Arabella Lagourgue Cross's, 3 

" John Thomas Bloomfield's, 5 

" Michael F. Leraasney's, 71 

" Andrew Harris Brown's, 160 

AGENT, Sterne represented as, to Anti-Slavery Society, 211, 
214, 218, 224 

APPEALS, Sterne's to Lord Siigo, 29, 42, 45 

** *' to Lord Aberdeen, the Colonial Secretary, 

46 
" " to Lord Glenelg, see commencement 

** " to the Public, see the introduction 

*• Mr, Harvey's in favor of Sterne, 34 

APPRENTICE, cruel treatment of poor Clarke, by Special 

Justice White, 31, 75, 83 
" inquest on, and shocking flagellation of, 245 

'* inquest on, having hanged himself, 254 

** relative to their Marriages, 258 

" relative to flogging the Females, 261 

'* gross outrage on a Female, 262 

" relative to their Saturdays, 264 

" relative to their good conduct, 240 

" their joy at Special Justice White's disint*al, 

81 
" Watchman's remarks on, 85 

APPRENTICESHIP, general remarks on, 231, 239, 253 
" new Acts touching them, 242 

ATTORNEY-GENERAL, 55, 129 to 136, 169 to 177, 184, 188, 
194 to 196, 200, 211, 214, 224, 252 

BARLOW, the Rev. Mr., Baptist Missionary, 358 

BARRETT, the Honorable S. M., 236 

BAUGH, Robert, 56, 60, 62, 64, 72, 41 



BATTY, Counsellor, 127, 167, 190, ly2 to 218 

BAPTISTS, infamous treatment of three, 258 

BELL, the Honorable John, 1, 3, 8, 9, 10, 13, 14, 29, 52, 

56, 60, 64, 70, 92, 132, 153, 155, 187, 209, 230, '240' 

252, 261 

BELMORE, the Earl of, 234 

BISHOP, the Lord and Lady of Jamaica, 234 

BOLTON, the Rev. Miles Cooper, 229. 230, 241 

BROOKES, John, 148 

BURGESS, Edward Cooper, 42, 66, 70, 74, 93, 124, 130, 
173, 187, 205 

CHARGES, against Sir Joshua Rowe, 149, 236 
Lord Sligo, 152 

CLERGYMEN, several, 234 

COLONEL MOODY, his recommendation set aside, 93 
" " acting as a witness, 197 

COLONELS, several, 234 

CORONER'S INQUEST, on a Female apprentice, 247 
" on an apprentice at Lennox, 254 

COSTS, the Chief Justice's argument to ground new rules for 
court, 138 
*' Sterne's argued before a jury, 103 
" spoken of by the Watchman, 107 
" spoken of to the Governor's secretary, 52 
" bill of first action against Swire, 146 
" infamous bill allowed by the Chief, 149 
** ruinous amount of, 229 

DATES, particular to be looked at, 88, 153 

DAVIS. Anthony, 65, 70, 129, 166, 197 

DECLARATION, Sterne's solemn, 267 

DOCUMENTS, sundry, with the King's House, in Jamaica, 

from 1 to 55 
*« of the mock Trial, Lemasney, v. Sterne, 63, 71 

*' of Sterne's goods levied on, 74 

•' original declaration, and other papers on the 

first Trial of Sterne, v, Swire, and others, 

96 
*• ditto, on second Trial of ditto, 125 

♦« record from jail book of Bewsha's 39 days of 

imprisonment, in irons, 78 



DOCUMENTS, prepared to obtain costs, in the first action of 
Sterne, v. Swire and others, 143 
'< bill of costs in the first action, 146 

•* infamous bill of costs enforced, 148 

" declaration in first Trial of White, 164 

" copy from record, of the new trial granted in 

Sterne v, White, 196 
" notes, &c. of Coroner's inquest, 248 

DUNBAR, Robert, 61, 74, 135, 175, 210, 246 to 253, 260 

FISIIBURNE, Edward E. 82, 173, 210, 229, 248, 254, 261 

GLENELG, letter to Lord, Golonial Secretary, see commenc*- 
ment 

GRAY, Adam, 161, 259 

HEWITT, Special Justice, 255, 259, 262, 264 

HOBHOUSE , the right Honorable Henry, 29 

HOSACK, William, 65, 176 

HUTTON, Robert, 133, 197 

JUDGES, in Saint George's, 56 

" on trial of Sterne, v. Swire and others, 96 

*' on second trial ditto, 129 

'* on the first trial of Sterne, v. White, 166 

'* on second trial ditto, 197 

'* notes given and allowed as evidence, 135 

JURIES, empanelled to try the Murderers at Buff Bay, 15 

'' '' at St. George's quarter sessions, 56 

" " first trial of Sterne, v, Swire, 96 

" " second trial of ditto, I2J 

" " first trial of Sterne, v. White, 166 

" " second trial of ditto, 198 

" " at inquest on a Female, 246 

" boast of a Jamaica Jury, 225 

LAWS, the Abolition Act, 8, 243, 245 
•' the Act in aid, 9, 159 
" the island common law, 10 
" Wharfage and Storage, 151 
" my own the only one in court, 204 

LEMASNEY, 38, 58 to 65, 69, 71, 92, 94, 108, 111 to 119, 
125 202 

LETTERS, Sterne's to Nunes, 33, 43, 44, 51 
" "to Lord Aberdeen, 46 

*' to Lord Glenelg, see commeucemeftt 
" *' to Anthony Davis, 65 

2n 



LETTERS, Sterne's to the Honourable Wm. Miller, r,5, 68 
" " to Wm. Hosack, 67 

" " to the Honorable John Bell, 67 

" " to Dr. Wm. Robertson, 67 

" " to the public, 68 

" " to Edward C. Burg-ess, 94 

" " to M. F. Lemasney, 94, 114 

" " to Isaac Silvera, 110 

" " to the Jamaica Herald, 114 

** " to Mr. Attorney-General, 252 

" to Mr. M'c Call, 256 
^' " to N. Brown, 257 

" Harvey's to Nunes, 1, 34 

'* White's to Mrs. Sterne, 30, 75 
" Nethersole to Sterne, 202, 212 

" Nunes to Sterne, 43, 46. 47, 53, 55 

" Nunes to Harvey, 28, 33. 45 

" Sollas, M. M. to the Jamaica Heald, 119 

" Sollas to Roger Swire, 120 

** Lemasney to Sterne, 37, 72 
" Lemasney to the Jamaica Herald, 108 

'* Lord Aberdeen to Lord Sligo, 47 

" Murray to the Earl of Belmore, 48 

" Lord Goderich to tbe Earl of Belraore, 49 

" Burgess to Miller and Davis, 66 

" Burgess to Sollas, 124 

" Miller to Sterne, 66, 69 

" X.Y.Z. to the Watchman, 86 

" Swire to the Jamaica Herald, 109 

'' A Constant Reader to the Commercial Advertiser, 

231 

*' A Citizen to the Royal Gazette, 232 

MAGISTRATES, disgraceful conduct of the, 41, 56 61 to 65, 
92, 105, 111, 117, 259 

MARSHAL, deputy, 147, 149 

MATTHEWS. Miss, 1 to 13, 29 to 32, 56, 75 

MAXWELL, Doctor James, 185 

MARRIAGE, Fine encouragement for, 258 

MEMORIALS, Sterne to Lord Sligo, 29, 42 

MIDDLETON, Counsellor, 99, 130 to 137, 166 to 181, 187 to 

200 
MOW AT, Edward C, 95, 125, 134, 142, 163, 165, 186, 188, 

190, 203 

MULGRAVE, Lord and Lady, 234 



MURDERS in Saint George's, 15 to 27 

NETHERSOLE, John, 53, 148, 16S, 176, 183, 185, 202, 211, 
213 

NEWSPAPER, the Herald, 107, 109 

Watchman, 84, 90, 105, 111 
'' Dispatch, 220 to 228 

Rojal Gazette, 20, 232 

NOTICE of ACTION served on White, 160 

" " argument on, and allowed, 169 

'* " argument on, and not allowed, 201 

N LINES. W. G. from 1 to 55 

PANTON, Counsellor, 29, 103, 135, 188, 209 

PARTY, Sterne represented as the agent of a powerful partj 
in England, 211, 214. 218, 224 

PEEL, Sir Robert, 29 

PUBLIC Courts of Justice, 42, 82, 93, 152, 163, 181, 199, 
215 

RUIN, Sterne's apparent, 36, 42, 70, 93, 153, 157 

SAINT GEORGE, Quarter Sessions, 56 

" resolutions on the rector, 230 

SEAFORD, Lord, 234, 236 

SILVERA, Isaac, 60, 64, 101, 110, 118, 122 

Sir JOHN KEANE, 234 

Sir WILLOUGHBV COTTON, 234 

Sir M. NEPEAN, 2S4 

Sir JOSHUA ROWE, 97 to 105, 131 to 137, 169 to 181 

" " dreadfully exposed in Royal Gazette, 232 

*' *' his malice to the author exposed, 234 

•* " his infamous charge to the jury, 218 

*' " charges against him, 149 

" " his lying exposed, 189, 200, 217 

'* " his reasons for new rule of court, 138 

*' " infamous rejection of costs, 146 

SLAVERY, on 31, 77, 231, 238, 246, 254, 258, 261, 262, 
264 

SLIGO, Lord, sentenced to Newgate, 237 
'' general charges against him, 152, 157 
" and letter of Lord Glenelg 

STERNE, Laurence, the sentimental writer, 238 



VI 



STERNE, Arclibishop of York 269 

STERNE, Henry, tlie author, occasional remarks, 7, 14, 65, 

64, 70, 74, 82, 93, 113. 124, 125, 128, 138, 

142, 146, 149, 154, 157, 161, 165, 183, 193, 

195, 204, 229, 231, 234, 239. 253 

-' represented as the agent of ihe Anti-Slavery party 

in England, 214, 218, 224 
*' compelled to act as his own solicitor, 193, 195 

SOLLAS, M. M, his letter to Roger Swire, 120 

*/ his evidence, taken debenesse, 171 

" ditto general, 98, 110, 161, 201, 208 

SOLLAS, D. M. 60, 64, 70, 93, 134, 162, 172. 174, 183, 207 

SOLICITORS, Sterne's 1, 95, 125, 142, 163, 165, 186, 18P, 
190 

SURPRISE, matters of, 92, 118, 204. 230, 238 

SWIRE, Roger 5, 38 to 40, 52, 56, 58, 60 to 64, 91, 95 to 
105, 138, 144, 147, 197, 253, 264 
" great exposure of him 105, 118, 120 

TORY, M'cWHINNIE andCo. 235, 237 

TRIALS, Harris for grass stealing, 57 
" Sarah Matthews ditto, 57 
" forcible entry and detainer, 58, 
" Lemasney *J. Sterne, 61, 71 
'• first of Sterne v. Swire and others, 97 
" second trial ditto, 129 

first trial of Sterne v. White, 167 
" second trial ditto, 197 
" arguments for a new trial, 187 
•' copy of record for a new trial granted, 193 

VERDICTS of jury on Buff Bay Murderers, 17 
" on Harris the grass stealer, 57 

«' first trial of Sterne v. Swire and others, 105 

^' second frial ditto 138 

first trial of Sterne v. White, 182 
*' second trial ditto 219 

" copy of record on first trial of White which was 

set aside, 196 

WATKIS, Counsellor 59, 97, 102, 127, 165 
WEIGHTS and Scales, letter to Anthony Davis, 65 
letters to W. M ilr 66, 69 

"VAIIARF, notice to the public &.c. on closing, 67, 68 
" parties who shipped and landed free, 70 



Vll 



WHARF, loss of White's goods, 71 
" assignment of lease, 94 
" severe loss to Sterne, 95 
" public laws of 1781, 151 

WITNESSES, general list of, 187, 197 

WINE, cask of, purchased by the magistrates, by robbing 
Sterne, 92 

WHITEHORNE, James, 235 

WHITE, Frederic, first memorial against him, 29 
" second memorial against him, 42 
" his exceeding the law, in corporal punishment of an 

apprentice, 32 
" Harvey's representation of him, 37 
" his part taken in fining Sterne, 41 
" his meanness about wharf account, 70 
" judgment on him by loss of goods, 71 
*' his infamous conduct to poor Clarke, 77 
" his infamous treatment to poor police, whom he put 

23 days in double irons, 78 
" copy from record of it, 78 
" his infamous attempt to incarcerate a respectable 

inhabitant in chains, 79 
" his infamous treatment of the St. Mary's bookkeeper, 

81 
^' his general infamous conduct to the poor apprentices, 

81 
" the rejoicings of the apprentices at his dismissal, 81 
" a piece of plate given to him by the planters, 79, 81 
" his infamous treatment of Sterne when he interfered 

on behalf of his apprentice, 82 
" his infamous treatment of Sterne, 89 
" shewing his letter from the Governor, 92 
" his third infamous treatment of 92 
" notice of action served on him, 160 
" agrees to give a letter of apology, 162 
" the Governor grants him the aid of Mr. Attorney 

<jeneral, &c. 165 
" first trial and verdict, 166 to 182 
-* second trial and verdict, 198 to 219 
'* the Jamaica Despatch newspaper's attempt^to vindi- 
cate him, with Sterne's answers, 220 to 228 
" his dismissal from the magistracy for interfering with 

the rector, 230 
" a constant reader about him, 231 



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